Divorce And Separation Lawyers In Collingwood
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage 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 marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This implies an individual can not apply for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Collingwood to be separated however to continue living 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 kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are carried out completely individually from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must apply for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Collingwood. Call us now for a consultation.
You don’t require us to tell you exactly what child support is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically plan your child support plans and obligations for the future to ensure the very best possible plan is in place provided your and the other moms and dads situations.
Some areas that Our Family Law Collingwood can help you with include:
Advising you regarding your choices relating to child support which might include arranging a private child support arrangement, in either a limited or binding child assistance arrangement.
Private agreements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Collingwood
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to alter the Department examined child assistance amount to better match your individual situations.
Evaluations are prepared by the Department based on a basic formula, however can be modified under different circumstances (up or down) based on factors such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The modification of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Collingwood Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 essentially permits a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Collingwood looking for 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 (also called 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 claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened 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 person and triggers them to fear for their security or wellbeing.
Many people in Collingwood might now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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 unit) are thought about to be a legal entity for the purpose of family law Collingwood.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a couple.