Divorce And Separation Lawyers In Mountain View
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability 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 actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Mountain View to be separated however to continue living in the very same house 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 kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are carried out entirely individually from other proceedings between the husband and wife 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 marriage breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to obtain.
You do not need us to inform you exactly what child assistance is or to get a basic 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.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to ensure the best possible plan is in place provided your and the other parents circumstances.
Some areas that Our Family Law Mountain View can help you with consist of:
Advising you as to your alternatives relating to child support which may include setting up a personal child support agreement, in either a restricted or binding child assistance agreement.
Private arrangements provide certainty for both moms and dads 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 expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Mountain View
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better match your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under different situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Mountain View Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be beneficial:
As a risk management tool for couples seeking prenup agreement Mountain View how they will divide their property if they separate at a later time, it basically permits a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the costs connected 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 Mountain View seeking to settle their responsibilities 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 obligations.
Family violence (likewise referred to as 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses 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 causes them to fear for their safety or wellbeing.
Many people in Mountain View might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out 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 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 identified in the Family Court together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for at least 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 Mountain View.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a couple.