Divorce And Separation Lawyers In Tambo Crossing
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 actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Tambo Crossing to be separated however to continue living in the 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 prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are conducted totally individually from other proceedings in between the couple and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must request a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to obtain.
You don’t need us to inform you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and commitments for the future to make sure the very best possible plan is in place given your and the other moms and dads scenarios.
Some areas that Our Family Law Tambo Crossing can help you with consist of:
Advising you regarding your choices regarding child support which might consist of arranging a personal child assistance agreement, in either a minimal or binding child assistance agreement.
Private arrangements provide certainty for both moms and dads for a longer period of time (no continual 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 remove the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Tambo Crossing
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to change the Department evaluated child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based on a standard formula, however can be changed under various circumstances (up or down) based on aspects such as the expense 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 needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Tambo Crossing Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everybody, however they can be useful:
As a risk management tool for couples seeking prenup Tambo Crossing how they will divide their property if they separate at a later time, it basically enables a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Tambo Crossing 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 monetary agreement can permanently settle spousal maintenance responsibilities.
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, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial 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 Tambo Crossing may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or internet 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 property settlement and spousal maintenance determined in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Tambo Crossing.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a couple.