Divorce And Separation Lawyers In Billabong
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out 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 should has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Billabong to be separated however to continue living in the exact same house during the twelve months, which is called ‘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 throughout this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are carried out completely individually from other proceedings in between the husband and wife 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. Nevertheless if either party to the marriage wants to re-marry they need to apply for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Billabong. Call us now for a consultation.
You do not need 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 site of the Department of Human Services Child Support (” 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 lower known areas and complexities, and assist you to strategically plan your child support arrangements and responsibilities for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads situations.
Some areas that Our Family Law Billabong can assist you with consist of:
Advising you regarding your alternatives concerning child support which may consist of setting up a personal child support arrangement, in either a restricted or binding child support arrangement.
Private agreements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher versatility in the approach of payment (direct financing 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.
Helping In Steps To Recover Unpaid Child Assistance In Billabong
We can help in converting the unsettled 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 actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to change the Department assessed child assistance amount to much better match your specific situations.
Evaluations are prepared by the Department based on a standard formula, however can be modified under various situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other circumstances also use. The modification of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Billabong Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however 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 essentially enables a personal 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 costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Billabong looking for to settle 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 monetary agreement can permanently finalise 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 provide protection to the victim, but 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 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 individuals in Billabong may 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 email account or internet 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 identified in the Family Court together with couples.
Despite 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 property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Billabong.
De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.