Divorce And Separation Lawyers In Surrey Hills
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 give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Surrey Hills to be separated however to continue residing in the same home 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 arrangements have been made for them.
Divorce procedures are conducted totally individually from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to acquire.
You do not need us to tell you exactly what child support is or to get a basic concept of what your obligation (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 support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to make sure the very best possible arrangement remains in place provided your and the other parents circumstances.
Some areas that Our Family Law Surrey Hills can help you with consist of:
Advising you as to your options concerning child support which might include arranging a personal child support arrangement, in either a restricted or binding child support arrangement.
Private arrangements supply 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 financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Surrey Hills
We can help in converting the unpaid 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 steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other situations also use. The modification of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Surrey Hills Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup Surrey Hills how they will divide their property if they separate at a later time, it generally permits a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Surrey Hills 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 finalise spousal maintenance obligations.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection 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 abuse) was expanded in late 2012 and now includes 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 safety or wellbeing.
Many people in Surrey Hills might now be shocked to discover 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 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 identified in the Family Court together 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 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) are considered to be a legal entity for the purpose of family law Surrey Hills.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.