Divorce And Separation Lawyers In Caulfield South
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Caulfield South to be separated however to continue living in the same house during 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 throughout this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are carried out completely separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to 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 very important to be conscious that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Caulfield South. Call us today for a consultation.
You do not require us to inform you exactly what child support is or to get a basic concept of what your commitment (or entitlement) will be.
There is a quick children support estimator on the site of the Department of Human Services Child Support (” 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 some of the lower known areas and complexities, and help you to tactically prepare your child support arrangements and responsibilities for the future to guarantee the very best possible plan is in place offered your and the other moms and dads situations.
Some areas that Our Family Law Caulfield South can help you with include:
Advising you as to your options regarding child assistance which might include organizing a personal child support arrangement, in either a minimal or binding child support arrangement.
Personal agreements supply certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the approach 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 deal with the administration of the Department.
Helping In Steps To Recover Unsettled Child Support In Caulfield South
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department evaluated child support amount to better match your specific situations.
Evaluations are prepared by the Department based on a standard formula, but 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 meant (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The change of assessment process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Caulfield South Pre-nuptials And Financial Agreements
Financial arrangements (likewise 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 enables a private 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 expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Caulfield South seeking to settle their commitments 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 monetary agreement can permanently finalise spousal maintenance obligations.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many people in Caulfield South 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 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 property settlement and spousal maintenance determined in the Family Court along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 unit) are thought about to be a legal entity for the purpose of family law Caulfield South.
De facto partners must not fear that they must 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.