Divorce And Separation Lawyers In Canterbury
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for at least 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 Canterbury to be separated however to continue living in the same house 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 throughout this time.
If there are children aged under 18 years of age, a Court will only 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 responsibility on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.
It is important to be mindful 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 difficult to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Canterbury. Call us now for an appointment.
You do not require us to tell you exactly what child assistance is or to get a general idea of what your commitment (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 compute child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and assist you to strategically prepare your child support plans and responsibilities for the future to ensure the very best possible plan is in place given your and the other parents circumstances.
Some areas that Our Family Law Canterbury can assist you with include:
Advising you regarding your options relating to child assistance which might include organizing a private child support agreement, in either a restricted or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Canterbury
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 lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to change the Department examined child support amount to much better suit your individual situations.
Assessments are prepared by the Department based upon a standard formula, however can be modified under various circumstances (up or down) based upon 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 kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also use. The modification of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Canterbury Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally 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 basically allows a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a substantial amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Canterbury looking for to finalise their obligations 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 just are orders available (in the Magistrates Court) to provide protection 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 kids.
The traditional meaning of domestic violence (physical and sexual abuse) was widened 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 individual and causes them to fear for their safety or wellbeing.
Lots of people in Canterbury might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or web 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Canterbury.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.