Divorce And Separation Lawyers In Bellarine
Australian Law operates on the principle of no-fault divorce. This indicates 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 must has been separated for a minimum of twelve months and one day. This means an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Bellarine to be separated however to continue living in the very same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are conducted completely individually from other proceedings in between the couple and there is no commitment 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 should apply for a divorce.
It is essential 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 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 Bellarine. Call us today for a consultation.
You do not require us to inform you exactly what child support is or to get a general concept of what your responsibility (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 assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and intricacies, and help you to tactically plan your child support plans and commitments for the future to guarantee the best possible plan remains in place offered your and the other moms and dads scenarios.
Some areas that Our Family Law Bellarine can help you with consist of:
Advising you as to your options concerning child assistance which might consist of organizing a private child assistance arrangement, in either a limited or binding child support agreement.
Private agreements offer certainty for both parents for a longer time period (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 remove the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Bellarine
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 personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to much better suit your specific situations.
Assessments are prepared by the Department based upon a basic formula, but can be altered under various situations (up or down) based on aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances 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.
Bellarine Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless 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 generally enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the expenses connected 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 Bellarine looking for to settle their commitments 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 commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection 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 assault) was widened in late 2012 and now encompasses a much wider scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their security or wellbeing.
Many people in Bellarine might 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 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 identified in the Family Court along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Bellarine.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a couple.