Divorce And Separation Lawyers In Carrum Downs
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Carrum Downs to be separated but to continue living in the exact same house 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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are carried out totally separately from other proceedings in 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 should apply for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just 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 Carrum Downs. Call us now for an appointment.
You do not require us to inform you exactly what child support is or to get a basic idea of what your obligation (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Assistance (” 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 help you with some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and obligations for the future to make sure the very best possible arrangement remains in place given your and the other moms and dads situations.
Some areas that Our Family Law Carrum Downs can assist you with consist of:
Advising you regarding your choices concerning child assistance which may include organizing a personal child assistance agreement, in either a restricted or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer time period (no continuous 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 costs 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 Assistance In Carrum Downs
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Carrum Downs Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however 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 permits a private arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable 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 Carrum Downs seeking 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 financial agreement can completely 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 offer security to the victim, but 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 definition of domestic violence (physical and sexual assault) was expanded 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 triggers them to fear for their security or wellbeing.
Many people in Carrum Downs might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 property settlement and spousal maintenance determined in the Family Court alongside 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) are considered to be a legal entity for the purpose of family law Carrum Downs.
De facto partners must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a married couple.