Divorce And Separation Lawyers In Bulga
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually 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 indicates an individual can not apply for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Bulga to be separated but to continue residing in the exact 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 prove 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 correct arrangements have actually been made for them.
Divorce proceedings are conducted entirely individually from other proceedings in between the husband and wife and there is no commitment on a party to commence 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 wants to re-marry they must apply for a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this period 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 Bulga. Call us now for an appointment.
You do not need us to tell you what child assistance is or to get a basic 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.
Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to tactically prepare your child support arrangements and responsibilities for the future to guarantee the best possible arrangement is in place given your and the other moms and dads circumstances.
Some areas that Our Family Law Bulga can assist you with include:
Advising you as to your options relating to child assistance which may consist of setting up a personal child support arrangement, in either a restricted or binding child support agreement.
Private agreements provide 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 funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Bulga
We can assist in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to modify the Department evaluated child assistance amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be modified under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The modification of evaluation process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Bulga Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 permits a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Bulga seeking to settle 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 finalise spousal maintenance obligations.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection 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 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
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Lots of people in Bulga might now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or 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 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 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Bulga.
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 adjustment of property and financial support, in very much the same way as a couple.