Divorce And Separation Lawyers In Bittern
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Bittern to be separated but to continue residing in the 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 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 just grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted entirely 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 marital relationship wants to re-marry they need to make an application for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this duration 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 Bittern. Call us now for an appointment.
You don’t need us to tell you 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 Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate 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 arrangements and commitments for the future to guarantee the very best possible plan remains in place provided your and the other parents situations.
Some areas that Our Family Law Bittern can assist you with consist of:
Advising you as to your options regarding child support which may include organizing a personal child assistance agreement, in either a restricted or binding child assistance arrangement.
Private arrangements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater 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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Bittern
We can assist in converting the unsettled amount from a Commonwealth debt to a personal 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 global airport gate terminal.
Helping you to change the Department assessed child assistance amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Bittern Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everybody, 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 allows a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a substantial sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Bittern looking for to finalise their commitments 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 financial agreement can permanently settle spousal maintenance commitments.
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 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 children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much larger 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 safety or wellbeing.
Many people in Bittern may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, 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 property settlement and spousal maintenance identified in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 Bittern.
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 change of property and financial backing, in very much the same way as a couple.