Divorce And Separation Lawyers In Coburg
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests 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 Coburg to be separated but to continue residing in the very same house throughout the twelve months, which is called ‘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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are performed entirely individually from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is essential to be conscious that procedures for property settlement and spousal maintenance need to be commenced 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 get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Coburg. Call us today for a consultation.
You do not need us to inform 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 calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and assist you to strategically prepare your child support plans and commitments for the future to make sure the very best possible plan remains in place given your and the other moms and dads scenarios.
Some areas that Our Family Law Coburg can help you with include:
Advising you regarding your options relating to child support which may include organizing a personal child support agreement, in either a limited or binding child support agreement.
Private arrangements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the method 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 bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Coburg
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 steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to modify the Department assessed child assistance amount to better match your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be changed under different circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of evaluation process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Coburg Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, 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 basically enables a personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, including 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 Coburg seeking to settle their obligations 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 financial agreement can permanently finalise spousal maintenance obligations.
Family violence (likewise known 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 accusations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) 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 individual and causes them to fear for their security or wellbeing.
Many people in Coburg might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Coburg.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a couple.