Divorce And Separation Lawyers In Konongwootong
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests 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 Konongwootong to be separated however to continue residing in the very 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 need to show to the Court that they were separated throughout this time.
If there are children 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 procedures are performed entirely separately from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings prior to 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 need to apply for a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to get.
You do not need us to inform you what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and intricacies, and help you to strategically plan your child support arrangements and obligations for the future to ensure the best possible arrangement is in place given your and the other moms and dads situations.
Some areas that Our Family Law Konongwootong can help you with include:
Advising you regarding your choices regarding child support which may consist of setting up a personal child support agreement, in either a restricted or binding child support agreement.
Private agreements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility 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 eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Konongwootong
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 actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to alter the Department assessed child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be modified under various circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also use. The change of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Konongwootong 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 agreement Konongwootong how they will divide their property if they separate at a later time, it generally permits a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Konongwootong seeking to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance commitments.
Family violence (likewise referred to 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 claims of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much broader scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many individuals in Konongwootong may now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or internet 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 identified 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 a real domestic basis for a minimum of 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 Konongwootong.
De facto partners should not fear that they must leave 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 married couple.