Divorce And Separation Lawyers In Caulfield Junction
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 grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Caulfield Junction to be separated but to continue residing in the exact same house throughout the twelve months, which is known as ‘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 just approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are carried out totally individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must apply for 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 just be made after this duration with the approval of the Court, and this is difficult to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Caulfield Junction. Call us today for a consultation.
You don’t need us to tell you what child support is or to get a general concept 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 Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to guarantee the very best possible arrangement remains in place provided your and the other parents situations.
Some areas that Our Family Law Caulfield Junction can help you with include:
Advising you regarding your alternatives concerning child support which may include setting up a personal child support agreement, in either a restricted or binding child assistance arrangement.
Personal agreements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater 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 get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Caulfield Junction
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 unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to alter the Department evaluated child support amount to much better match your specific situations.
Evaluations are prepared by the Department based on a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other scenarios also use. The modification of evaluation process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Caulfield Junction Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 essentially allows a personal arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Caulfield Junction looking for to settle their obligations 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 obligations.
Family violence (also 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 allegations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates a much larger 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 safety or wellbeing.
Lots of people in Caulfield Junction may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or web 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine domestic basis for a minimum of 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Caulfield Junction.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.