Divorce And Separation Lawyers In Mitcham
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 been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must 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 Mitcham to be separated however to continue living in the 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 need to prove to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are carried out completely separately from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to 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 need to apply for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to get.
You do not require us to tell you exactly what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast 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 support can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to tactically plan your child support plans and obligations for the future to ensure the best possible arrangement is in place given your and the other parents situations.
Some areas that Our Family Law Mitcham can assist you with include:
Advising you regarding your options regarding child support which may consist of setting up a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal agreements offer 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 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 administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Mitcham
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits 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 alter the Department evaluated child support amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be altered under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. 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.
Mitcham Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everybody, nevertheless they can be beneficial:
As a risk management tool for couples seeking prenup agreement Mitcham how they will divide their property if they separate at a later time, it basically enables a personal arrangement to be formalised and precludes 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 Mitcham seeking 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 (likewise 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, 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 meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates a much wider 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 Mitcham might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or web 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 along with 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 kid, 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 Mitcham.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a married couple.