Divorce And Separation Lawyers In Stockdale
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has actually 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 a minimum of twelve months and one day. This means an individual can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Stockdale to be separated but to continue living in the very same house throughout the twelve months, which is known as ‘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 during this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are conducted entirely individually from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they should request a divorce.
It is essential to be conscious that procedures for property settlement and spousal maintenance must 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 difficult to acquire.
You do not need us to inform you what child support is or to get a general 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.
However, 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 known areas and intricacies, and help you to tactically plan your child support arrangements and commitments for the future to ensure the very best possible plan is in place provided your and the other parents circumstances.
Some areas that Our Family Law Stockdale can assist you with include:
Advising you as to your alternatives relating to child support which may consist of organizing a private child support agreement, in either a limited or binding child assistance agreement.
Personal arrangements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher 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 remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Stockdale
We can assist 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 partner at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to much better suit your specific situations.
Assessments are prepared by the Department based on a standard formula, but can be modified under different circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also use. The modification of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Stockdale Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, however they can be beneficial:
As a risk management tool for couples seeking prenup Stockdale how they will divide their property if they separate at a later time, it basically enables a personal agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Stockdale looking for to settle 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 monetary agreement can permanently settle spousal maintenance responsibilities.
Family violence (also called 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 determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much larger 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 safety or wellbeing.
Many individuals in Stockdale might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 brand-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 identified in the Family Court along with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Stockdale.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a married couple.