Divorce And Separation Lawyers In Koyuga South
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means an individual can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Koyuga South to be separated but to continue living in the exact same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are performed 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 marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.
It is very important to be mindful 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 tell you what child assistance 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 Assistance (” 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 lower known areas and intricacies, and assist you to tactically plan your child support plans and obligations for the future to make sure the very best possible plan is in place given your and the other parents situations.
Some areas that Our Family Law Koyuga South can assist you with include:
Advising you as to your alternatives concerning child support which may consist of setting up a personal child support arrangement, in either a limited or binding child support arrangement.
Private agreements offer certainty for both moms and dads 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 eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Koyuga South
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 personal recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to alter the Department evaluated child assistance amount to much better match your specific situations.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Koyuga South Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be useful:
As a risk management tool for couples seeking prenup agreement Koyuga South how they will divide their property if they separate at a later time, it essentially enables a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a substantial amount of money, including 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 Koyuga South seeking 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 completely 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 provide protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses 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 Koyuga South might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email 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 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 cohabited on a real 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 Koyuga South.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.