Divorce And Separation Lawyers In Coleraine
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates 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 Coleraine to be separated however to continue living in the same home 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the couple and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is important to be aware 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 difficult to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Coleraine. Call us today for an appointment.
You do not need us to tell you what child support is or to get a general concept of what your responsibility (or entitlement) will be.
There is a quick children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, 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 lesser recognized areas and intricacies, and assist you to strategically prepare your child support plans and responsibilities for the future to make sure the best possible plan is in place given your and the other parents scenarios.
Some areas that Our Family Law Coleraine can assist you with include:
Advising you as to your options relating to child support which may consist of setting up a personal child assistance agreement, in either a limited or binding child support arrangement.
Personal agreements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher versatility in the approach 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 handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Coleraine
We can assist in converting the unpaid 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 spouse at the global airport gate terminal.
Helping you to change the Department assessed child assistance amount to better suit your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based on aspects such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Coleraine Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 allows a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a substantial amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Coleraine 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 completely settle 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 determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their security or wellbeing.
Lots of people in Coleraine may now be shocked 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 messages, monitoring their e-mail account or 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 along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Coleraine.
De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a couple.