Divorce And Separation Lawyers In Chiltern
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to approve 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 should has been separated for a minimum of twelve months and one day. This means an individual 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 to be separated but to continue residing in the exact same house during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need 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 approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are conducted completely individually from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.
It is necessary to be mindful that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this period 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 Chiltern. Call us today for a consultation.
You do not need us to tell you what child support 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to determine child support 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 tactically prepare your child support plans and responsibilities for the future to ensure the best possible plan remains in place offered your and the other parents circumstances.
Some areas that Our Family Law Chiltern can assist you with consist of:
Advising you as to your options concerning child support which may consist of arranging a personal child assistance agreement, in either a restricted or binding child assistance arrangement.
Private agreements provide certainty for both parents for a longer time period (no continual 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 Unpaid Child Assistance In Chiltern
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to alter the Department evaluated child assistance amount to better match your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, but can be modified under different situations (up or down) based upon factors such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other situations also use. The modification of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Chiltern Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, 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 essentially allows a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement 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 or life insurance.
For separated couples in Chiltern seeking to finalise their responsibilities 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 settle spousal maintenance obligations.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 person and triggers them to fear for their safety or wellbeing.
Many people in Chiltern may now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 identified in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 thought about to be a legal entity for the purpose of family law Chiltern.
De facto spouses must not fear that they need to leave 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.