Divorce And Separation Lawyers In Camperdown
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider 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 marriage has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means a person can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Camperdown to be separated however to continue living in the exact same home during 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 during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to apply for a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Camperdown. Call us now for a consultation.
You do not need us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
However, 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 known areas and intricacies, and help you to tactically prepare your child support plans and responsibilities for the future to ensure the best possible arrangement is in place given your and the other moms and dads scenarios.
Some areas that Our Family Law Camperdown can assist you with include:
Advising you as to your alternatives relating to child support which may include organizing a private child support arrangement, in either a minimal or binding child assistance arrangement.
Personal agreements supply certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater 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 remove the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Camperdown
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 debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better suit your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be changed under various 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 costs), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. The change of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Camperdown Pre-nuptials And Financial Agreements
Monetary arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 essentially allows a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Camperdown looking for to finalise 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 financial agreement can permanently finalise spousal maintenance commitments.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses a much wider 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.
Lots of people in Camperdown may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 determined in the Family Court along with married couples.
In spite of 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 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 Camperdown.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial backing, in very much the same way as a married couple.