Divorce And Separation Lawyers In Baxter
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 give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Baxter to be separated however to continue residing in the same house throughout the twelve months, which is known 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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce procedures are carried out entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they need to make an application for a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Baxter. Call us now for an appointment.
You don’t need us to tell you what child support is or to get a basic concept of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the website 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 assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and help you to tactically prepare your child support arrangements and obligations for the future to make sure the best possible arrangement remains in place provided your and the other moms and dads situations.
Some areas that Our Family Law Baxter can assist you with consist of:
Advising you as to your options regarding child assistance which may consist of organizing a personal child support arrangement, in either a limited or binding child assistance agreement.
Private arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher 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 remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Baxter
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable 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.
Helping you to change the Department examined child assistance amount to better suit your specific situations.
Assessments are prepared by the Department based upon a standard formula, but can be changed under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other circumstances also apply. The modification of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Baxter Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be beneficial:
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 generally enables a private agreement to be formalised and prevents 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 with income protection insurance or life insurance.
For separated couples in Baxter seeking to finalise their obligations 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 just 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 assault) was expanded in late 2012 and now incorporates 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 causes them to fear for their security or wellbeing.
Many individuals in Baxter might now be shocked to find 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 e-mail 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 property settlement and spousal maintenance determined in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine domestic basis for a minimum of 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Baxter.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a married couple.