Divorce And Separation Lawyers In Rokewood Junction
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Rokewood Junction to be separated but to continue residing in the same house throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are performed totally individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they should make an application for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to acquire.
You do not require us to tell you exactly what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and assist you to tactically prepare your child support arrangements and obligations for the future to ensure the very best possible plan is in place given your and the other parents scenarios.
Some areas that Our Family Law Rokewood Junction can help you with consist of:
Advising you as to your choices concerning child support which might include organizing a personal child assistance arrangement, in either a restricted or binding child support agreement.
Private arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Rokewood Junction
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department assessed child support amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be altered under various circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Rokewood Junction Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup Rokewood Junction how they will divide their property if they separate at a later time, it generally allows a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Rokewood Junction looking for to finalise their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance responsibilities.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes a much broader scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many individuals in Rokewood Junction might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet browser history.
De Facto Relationships
In March 2009 a new day dawned for de facto relationships, provided the couple separated after 1 March 2009, they were entitled to have their claim for a property settlement and spousal maintenance determined in the Family Court together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic domestic basis for at least 2 years (or less if they have a kid, registered their relationship under the law of the State or one made a significant contribution to the property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Rokewood Junction.
De facto partners must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a couple.