Divorce And Separation Lawyers In Lancaster
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 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 a minimum of twelve months and one day. This indicates a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Lancaster to be separated but to continue residing in the very same house 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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are performed entirely individually from other proceedings in between the husband and wife 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 make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance must be begun 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 acquire.
You do not need us to inform you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick 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 assist you with a few of the lesser recognized areas and intricacies, and help you to strategically plan your child support arrangements and responsibilities for the future to make sure the best possible arrangement is in place provided your and the other moms and dads scenarios.
Some areas that Our Family Law Lancaster can help you with consist of:
Advising you as to your alternatives relating to child assistance which might include arranging a personal child assistance agreement, in either a limited or binding child assistance agreement.
Private agreements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility 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 remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Lancaster
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to alter the Department assessed child assistance amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be modified under different circumstances (up or down) based upon aspects such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other situations also use. The change of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Lancaster Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everybody, however they can be useful:
As a risk management tool for couples seeking prenup agreement Lancaster how they will divide their property if they separate at a later time, it basically allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Lancaster 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 financial agreement can permanently settle spousal maintenance obligations.
Family violence (also known 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, however the Family Court and Federal Circuit Court will take any accusations 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
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their security or wellbeing.
Many individuals in Lancaster might now be surprised 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 messages, 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 identified in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for at least 2 years (or less if they have a kid, 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 Lancaster.
De facto spouses should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a couple.