Divorce And Separation Lawyers In Burwood
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court has the ability to approve 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 needs to has been separated for at least twelve months and one day. This means a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Burwood to be separated however to continue residing in the same home during the twelve months, which is referred to 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 children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have actually been made for them.
Divorce proceedings are conducted entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to 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 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 duration with the approval of the Court, and this is hard to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Burwood. Call us today for a consultation.
You don’t 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 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 compute child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and assist you to strategically prepare your child support arrangements and commitments for the future to ensure the best possible arrangement remains in place offered your and the other parents scenarios.
Some areas that Our Family Law Burwood can help you with consist of:
Advising you regarding your options regarding child support which may consist of setting up a personal child support arrangement, in either a limited or binding child assistance agreement.
Personal agreements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Burwood
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to alter the Department assessed child assistance amount to much better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, however can be modified under different situations (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 additional extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other circumstances also use. The change of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Burwood Pre-nuptials And Financial Agreements
Financial agreements (likewise 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 generally enables a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Burwood looking for to finalise their responsibilities 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 completely finalise spousal maintenance obligations.
Family violence (likewise called 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 claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes a much broader 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 causes them to fear for their security or wellbeing.
Many individuals in Burwood might now be surprised to discover 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 determined in the Family Court alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for a minimum of 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 Burwood.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial support, in very much the same way as a couple.