Divorce And Separation Lawyers In Merbein South
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. 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 make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Merbein South to be separated but to continue living in the same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have 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 grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are carried out entirely separately from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they must make an application for a divorce.
It is necessary to be mindful 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 hard to obtain.
You do not need us to inform you what child assistance is or to get a general idea of what your commitment (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 help you with a few of the lesser recognized areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to ensure the very best possible arrangement remains in place given your and the other parents circumstances.
Some areas that Our Family Law Merbein South can assist you with consist of:
Advising you regarding your options regarding child support which may include setting up a private child support agreement, in either a limited or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater 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 handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Merbein South
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to modify the Department assessed child assistance amount to better suit your individual circumstances.
Evaluations are prepared by the Department based upon a basic formula, however can be changed under various circumstances (up or down) based upon factors 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 additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also apply. The modification of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Merbein South Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be helpful:
As a risk management tool for couples seeking prenup agreement Merbein South how they will divide their property if they separate at a later time, it essentially permits a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Merbein South looking for to finalise 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 settle spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security 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 children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 person and causes them to fear for their security or wellbeing.
Many individuals in Merbein South might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 considered to be a legal entity for the purpose of family law Merbein South.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a married couple.