Divorce And Separation Lawyers In Burwood Heights
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court has the ability to give 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 a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Burwood Heights to be separated but to continue living in the very same home throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 grant a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce proceedings are performed entirely individually from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must apply for a divorce.
It is essential to be mindful that proceedings for property settlement and spousal maintenance should 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 hard to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Burwood Heights. Call us now for an appointment.
You don’t need us to inform you what child support is or to get a general concept 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 Support (” 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 assist you with some of the lower recognized areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to guarantee the best possible plan remains in place offered your and the other moms and dads scenarios.
Some areas that Our Family Law Burwood Heights can help you with consist of:
Advising you as to your choices relating to child support which may consist of arranging a private child assistance arrangement, in either a restricted or binding child support arrangement.
Personal arrangements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct financing 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 bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Burwood Heights
We can help in converting the unpaid amount from a Commonwealth debt to a personal 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to alter the Department examined child support amount to much better match your individual circumstances.
Assessments are prepared by the Department based on a basic formula, however can be altered under various situations (up or down) based on aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Burwood Heights Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, however they can be helpful:
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 basically enables a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Burwood Heights seeking to settle their commitments 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 monetary agreement can permanently finalise spousal maintenance commitments.
Family violence (also 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, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much broader 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 safety or wellbeing.
Many individuals in Burwood Heights might now be surprised to discover 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 e-mail account or web 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.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real 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 unit) are thought about to be a legal entity for the purpose of family law Burwood Heights.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a married couple.