Divorce And Separation Lawyers In Koyuga
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out 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 marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This suggests an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Koyuga to be separated but to continue living in the very same house throughout 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 give a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are carried out entirely separately from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should 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 period with the approval of the Court, and this is challenging to get.
You do not require us to tell you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Assistance (” 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 assist you with some of the lower known areas and intricacies, and help you to strategically prepare your child support arrangements and commitments for the future to ensure the very best possible plan remains in place offered your and the other moms and dads situations.
Some areas that Our Family Law Koyuga can assist you with include:
Advising you as to your options relating to child support which might include organizing a personal child assistance agreement, in either a minimal or binding child support arrangement.
Private agreements offer certainty for both moms and dads for a longer period of time (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 get rid of the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Koyuga
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable 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.
Helping you to alter the Department assessed child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under various situations (up or down) based upon aspects such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Koyuga Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
As a risk management tool for couples seeking prenup agreement Koyuga how they will divide their property if they separate at a later time, it generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Koyuga looking for to settle their obligations 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 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, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded 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 individual and triggers them to fear for their safety or wellbeing.
Many people in Koyuga may now be shocked to discover 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 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 determined in the Family Court together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 Koyuga.
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 property and financial support, in very much the same way as a couple.