Divorce And Separation Lawyers In Bundalong
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 grant 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 needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Bundalong to be separated but to continue living in the same house 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 show to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are carried out completely separately from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they must request a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance should 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 difficult to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Bundalong. Call us today for an appointment.
You do not require us to tell you what child assistance is or to get a basic idea of what your commitment (or entitlement) will be.
There is a quick 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 compute child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and assist you to strategically plan your child support plans and obligations for the future to make sure the best possible arrangement remains in place offered your and the other parents circumstances.
Some areas that Our Family Law Bundalong can help you with include:
Advising you as to your options regarding child support which might include arranging a private child assistance arrangement, in either a limited or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher versatility in the method 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 Support In Bundalong
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 lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department examined child assistance amount to better match your specific circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also apply. The change of assessment process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Bundalong Pre-nuptials And Financial Agreements
Monetary agreements (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 generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Bundalong seeking to settle their responsibilities 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 completely settle spousal maintenance obligations.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates 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 individuals in Bundalong 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 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for at least 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 Bundalong.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a couple.