Divorce And Separation Lawyers In Bendigo
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 has the ability to give a divorce if there has been an irretrievable breakdown of marital relationship. 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 suggests a person can not make an application for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Bendigo to be separated however to continue living in the very same home during the twelve months, which is known 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 during this time.
If there are kids 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 carried out entirely separately from other proceedings in between the husband and wife and there is no obligation 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 wants to re-marry they should make an application for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Bendigo. Call us now for a consultation.
You don’t need us to tell you what child assistance is or to get a general idea of what your responsibility (or entitlement) will be.
There is a quick 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 help you with some of the lower recognized areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to ensure the very best possible arrangement is in place provided your and the other parents situations.
Some areas that Our Family Law Bendigo can assist you with include:
Advising you regarding your choices concerning child support which might include arranging a private child assistance arrangement, in either a minimal or binding child support arrangement.
Private arrangements offer certainty for both moms and dads for a longer amount 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 get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Bendigo
We can assist in converting the unpaid amount from a Commonwealth debt to a private 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 debt from a recalcitrant partner at the global airport gate terminal.
Helping you to alter the Department evaluated child assistance amount to much better match your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be altered under different situations (up or down) based on aspects such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Bendigo Pre-nuptials And Financial Agreements
Financial agreements (likewise 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 essentially enables a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Bendigo looking for to settle their responsibilities 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 financial agreement can completely finalise spousal maintenance responsibilities.
Family violence (likewise known 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 accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much wider scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their security or wellbeing.
Lots of people in Bendigo may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email 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 together 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 unit) are considered to be a legal entity for the purpose of family law Bendigo.
De facto partners should 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.