Divorce And Separation Lawyers In Cokum
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 has the ability to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Cokum to be separated however to continue living in the same house throughout the twelve months, which is called ‘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 children 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 performed totally individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they should make an application for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance need to 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 tough to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Cokum. Call us today for a consultation.
You do not require us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast 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 a few of the lower recognized areas and complexities, and help you to tactically 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 parents scenarios.
Some areas that Our Family Law Cokum can help you with consist of:
Advising you as to your choices concerning child assistance which may consist of organizing a personal child support arrangement, in either a restricted or binding child assistance arrangement.
Personal arrangements provide certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and get rid of the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Cokum
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to change the Department assessed child assistance amount to much better suit your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be altered under various circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Cokum Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
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 permits a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement 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 to income protection insurance or life insurance.
For separated couples in Cokum looking for to settle 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 completely finalise spousal maintenance obligations.
Family violence (likewise called 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 determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was broadened 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 safety or wellbeing.
Lots of people in Cokum might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 property settlement and spousal maintenance determined in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited 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) are considered to be a legal entity for the purpose of family law Cokum.
De facto spouses should not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a couple.