Divorce And Separation Lawyers In Kooloonong
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Kooloonong to be separated but to continue residing in the exact same home during the twelve months, which is called ‘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 only approve a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce procedures are conducted totally separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should apply for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance must 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 challenging to acquire.
You do not need us to tell you exactly what child assistance is or to get a general concept of what your commitment (or entitlement) will be.
There is a quick children support 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 compute child assistance can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and help you to strategically prepare your child support arrangements and responsibilities for the future to guarantee the best possible arrangement remains in place provided your and the other moms and dads circumstances.
Some areas that Our Family Law Kooloonong can assist you with consist of:
Advising you as to your alternatives relating to child assistance which might include organizing a private child assistance agreement, in either a limited or binding child support agreement.
Personal arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Kooloonong
We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 partner at the worldwide airport gate terminal.
Assisting you to modify the Department assessed child support amount to better match your individual situations.
Assessments are prepared by the Department based upon 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 extra extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Kooloonong Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup agreement Kooloonong how they will divide their property if they separate at a later time, it essentially allows a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including 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 Kooloonong seeking to settle their commitments 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 obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses 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.
Lots of people in Kooloonong may now be surprised 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 email account or 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 actually cohabited on a genuine 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 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 Kooloonong.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.