Divorce And Separation Lawyers In Colac
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually 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 make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Colac to be separated but to continue residing in the exact same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated during this time.
If there are children 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 completely separately from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they must request a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance must 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 tough to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Colac. Call us now for an appointment.
You don’t need us to tell you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a fast children support 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 support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and assist you to strategically prepare your child support arrangements and obligations for the future to ensure the very best possible arrangement remains in place given your and the other parents scenarios.
Some areas that Our Family Law Colac can help you with consist of:
Advising you regarding your alternatives concerning child assistance which might include organizing a personal child support agreement, in either a restricted or binding child support arrangement.
Personal arrangements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Colac
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 lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department examined child assistance amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be changed under different circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Colac Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, however 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 generally allows a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Colac seeking to finalise 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 monetary agreement can permanently finalise spousal maintenance commitments.
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 protection to the victim, but the Family Court and Federal Circuit Court will take any accusations 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 larger 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.
Many individuals in Colac might now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or internet 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine domestic basis for a minimum of 2 years (or less if they have a child, 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 Colac.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a married couple.