Divorce And Separation Lawyers In Stirling
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Stirling to be separated but to continue residing in the exact same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are conducted completely separately from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must request a divorce.
It is essential to be conscious that proceedings 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 hard to acquire.
You do not need us to inform you what child support is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast children support 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 compute child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and help you to strategically plan your child support plans and responsibilities for the future to make sure the best possible plan remains in place given your and the other moms and dads scenarios.
Some areas that Our Family Law Stirling can help you with consist of:
Advising you regarding your options relating to child assistance which may include arranging a personal child assistance agreement, in either a minimal or binding child support agreement.
Personal arrangements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Stirling
We can assist in converting the unsettled 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 unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to alter the Department assessed child assistance amount to much better suit your specific situations.
Evaluations are prepared by the Department based upon a basic formula, however can be changed under different situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The change of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Stirling Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be useful:
As a risk management tool for couples seeking prenup Stirling how they will divide their property if they separate at a later time, it generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Stirling seeking 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 permanently finalise spousal maintenance commitments.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection 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 broadened 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 triggers them to fear for their safety or wellbeing.
Many people in Stirling might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 property settlement and spousal maintenance determined in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for a minimum of 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 Stirling.
De facto partners must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a married couple.