Divorce And Separation Lawyers In Chiltern Valley
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 has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Chiltern Valley to be separated but to continue residing in the 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 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 proceedings are conducted entirely separately from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance must 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 difficult to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Chiltern Valley. Call us now for an appointment.
You do not require us to tell you exactly what child assistance is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a quick children assistance estimator on the site 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 lesser known areas and complexities, and assist you to strategically plan your child support arrangements and responsibilities for the future to guarantee the best possible plan remains in place provided your and the other moms and dads situations.
Some areas that Our Family Law Chiltern Valley can assist you with include:
Advising you as to your choices regarding child assistance which might include organizing a private child assistance agreement, in either a limited or binding child assistance arrangement.
Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Chiltern Valley
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation 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 much better suit your individual situations.
Evaluations are prepared by the Department based on a basic formula, however can be altered under different situations (up or down) based upon factors such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Chiltern Valley Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially 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 generally enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Chiltern Valley looking for to finalise their commitments 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 permanently finalise spousal maintenance responsibilities.
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 provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates 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 triggers them to fear for their security or wellbeing.
Lots of people in Chiltern Valley may now be surprised to discover that domestic violence orders can be made if an individual 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 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 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 unit) are considered to be a legal entity for the purpose of family law Chiltern Valley.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a couple.