Divorce And Separation Lawyers In Barwon Downs
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means a person can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Barwon Downs to be separated but to continue residing in the same home 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 throughout this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are performed totally individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is important to be mindful that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Barwon Downs. Call us now for an appointment.
You do not need us to tell you what child support is or to get a basic idea 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to guarantee the very best possible plan remains in place offered your and the other parents scenarios.
Some areas that Our Family Law Barwon Downs can help you with include:
Advising you regarding your choices regarding child assistance which may consist of organizing a private child assistance arrangement, in either a limited or binding child assistance agreement.
Private agreements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher versatility 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 eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Barwon Downs
We can assist 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 debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to change the Department evaluated child support amount to better match your individual situations.
Evaluations are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Barwon Downs Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be helpful:
As a risk management tool for couples seeking to pre-arrange how they will divide their property if they separate at a later time, it basically allows a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, including the expenses associated 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 Barwon Downs looking for 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 monetary agreement can completely finalise spousal maintenance responsibilities.
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 security to the victim, however 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 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 individual and causes them to fear for their security or wellbeing.
Many individuals in Barwon Downs may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 unit) are considered to be a legal entity for the purpose of family law Barwon Downs.
De facto spouses must not fear that they need to leave 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.