Divorce And Separation Lawyers In Clifton Springs
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability to give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means a person can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Clifton Springs to be separated but to continue living in the same home during the twelve months, which is referred to 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 give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the husband and wife and there is no commitment on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Clifton Springs. Call us now for a consultation.
You don’t need us to tell you what child assistance is or to get a basic idea 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 calculate 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 tactically plan your child support arrangements and responsibilities for the future to ensure the best possible plan remains in place given your and the other moms and dads circumstances.
Some areas that Our Family Law Clifton Springs can assist you with include:
Advising you regarding your options relating to child support which may consist of setting up a personal child support arrangement, in either a minimal or binding child support agreement.
Personal agreements supply 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 funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Clifton Springs
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to alter the Department assessed child support amount to better match your individual situations.
Assessments are prepared by the Department based upon a standard formula, however can be changed under various circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Clifton Springs Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally 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 basically permits a private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Clifton Springs 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 settle 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 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 includes a much broader 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 security or wellbeing.
Lots of people in Clifton Springs might now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or 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 together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Clifton Springs.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a married couple.