Divorce And Separation Lawyers In Mount Eliza
Australian Law operates on the principle of no-fault divorce. This means 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 marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This implies an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Mount Eliza to be separated but to continue residing in the exact same home during the twelve months, which is known as ‘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 during 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 totally 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 marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.
You don’t need us to tell you what child assistance is or to get a general idea of what your obligation (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 calculate child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and help you to strategically prepare your child support plans and responsibilities for the future to guarantee the best possible plan is in place provided your and the other parents circumstances.
Some areas that Our Family Law Mount Eliza can assist you with consist of:
Advising you regarding your choices regarding child assistance which might consist of organizing a private child support agreement, in either a restricted or binding child assistance arrangement.
Private arrangements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Mount Eliza
We can help 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 lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to modify the Department assessed child assistance amount to better match your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be altered under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The modification of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Mount Eliza Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
As a risk management tool for couples seeking prenup agreement Mount Eliza how they will divide their property if they separate at a later time, it essentially permits a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, consisting of the expenses associated 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 Mount Eliza looking for to settle their commitments to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance obligations.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much broader 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 Mount Eliza may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Mount Eliza.
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 backing, in very much the same way as a married couple.