Divorce And Separation Lawyers In Nathalia
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship 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 marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Nathalia to be separated but to continue living in the very same house during the twelve months, which is referred to 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 grant a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are conducted completely individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.
It is important to be aware that procedures 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 difficult to acquire.
You do not require us to tell you exactly what child support is or to get a basic 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.
However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to tactically plan your child support plans and responsibilities for the future to ensure the very best possible plan remains in place provided your and the other parents scenarios.
Some areas that Our Family Law Nathalia can assist you with include:
Advising you as to your options concerning child support which may consist of organizing a personal child support agreement, in either a restricted or binding child support agreement.
Private arrangements provide certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater flexibility in the method 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 deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Nathalia
We can help 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 actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to alter the Department examined child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, but can be altered under various circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Nathalia Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, however they can be beneficial:
As a risk management tool for couples seeking prenup agreement Nathalia 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 involvement of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Nathalia looking for 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 completely finalise spousal maintenance commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only 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 meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes 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 Nathalia may now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Nathalia.
De facto spouses should not fear that they must walk away 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 couple.