Divorce And Separation Lawyers In Bellfield
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates a person can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Bellfield to be separated but to continue living in the same home throughout the twelve months, which is referred to 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Bellfield. Call us now for a consultation.
You do not require us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children support 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 calculate child support can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and assist you to tactically prepare your child support plans and responsibilities for the future to guarantee the best possible plan is in place offered your and the other moms and dads scenarios.
Some areas that Our Family Law Bellfield can help you with include:
Advising you regarding your choices regarding child assistance which may consist of arranging a personal child support arrangement, in either a restricted or binding child support arrangement.
Private arrangements offer certainty for both parents for a longer amount of time (no continuous 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 get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Bellfield
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow 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 partner at the worldwide airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to better match your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be changed under various circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances also use. The modification of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Bellfield Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 essentially enables a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial 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 coverage or life insurance.
For separated couples in Bellfield seeking 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 finalise spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only 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 identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened 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 person and causes them to fear for their safety or wellbeing.
Many people in Bellfield might now be surprised to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Bellfield.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a couple.