Divorce And Separation Lawyers In St Arnaud North
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court has the ability to give a divorce if there has 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 at least twelve months and one day. This indicates an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in St Arnaud North to be separated but to continue living in the very 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 show to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are carried out completely separately from other proceedings between the husband and wife and there is no responsibility on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to request a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to obtain.
You do not require us to tell you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a quick children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with a few of the lower recognized areas and intricacies, and assist you to strategically plan your child support plans and obligations for the future to ensure the best possible plan remains in place provided your and the other parents situations.
Some areas that Our Family Law St Arnaud North can help you with include:
Advising you as to your options regarding child assistance which might include arranging a personal child support arrangement, in either a limited or binding child support agreement.
Private agreements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In St Arnaud North
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to modify the Department examined child assistance amount to better suit your specific situations.
Evaluations are prepared by the Department based on a basic formula, but can be altered under various circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
St Arnaud North Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
As a risk management tool for couples seeking prenup St Arnaud North how they will divide their property if they separate at a later time, it essentially enables a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a substantial amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in St Arnaud North looking for to finalise their commitments 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 permanently settle spousal maintenance commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their security or wellbeing.
Lots of people in St Arnaud North might now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or web 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic domestic basis for at least 2 years (or less if they have a child, registered their relationship under the law of the State or one made a significant contribution to the residential or commercial property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law St Arnaud North.
De facto partners must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a married couple.