Divorce And Separation Lawyers In Belgrave Heights
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to approve 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 needs to has been separated for a minimum of twelve months and one day. This means a person can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Belgrave Heights to be separated however to continue residing 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 need to show to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are carried out totally separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to make an application for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Belgrave Heights. Call us now for an appointment.
You do not require us to inform 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 support 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 determine child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to guarantee the best possible plan is in place given your and the other parents circumstances.
Some areas that Our Family Law Belgrave Heights can help you with consist of:
Advising you regarding your alternatives regarding child assistance which might include setting up a personal child support arrangement, in either a minimal or binding child support 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 versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Belgrave Heights
We can assist in converting the unsettled 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 debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better suit your specific situations.
Assessments are prepared by the Department based on a basic formula, but can be changed under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Belgrave Heights Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however they can be useful:
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 permits a personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a considerable 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 coverage or life insurance.
For separated couples in Belgrave Heights looking for to finalise their responsibilities 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 monetary agreement can permanently settle spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer 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 assault) was expanded in late 2012 and now includes a much larger 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 security or wellbeing.
Many people in Belgrave Heights might 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 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 together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 unit) are considered to be a legal entity for the purpose of family law Belgrave Heights.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a married couple.