Divorce And Separation Lawyers In Collins Street East
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This implies an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Collins Street East to be separated however to continue residing 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 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 just give a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are performed totally individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should make an application for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Collins Street East. Call us now for an appointment.
You do not require us to inform you what child assistance is or to get a general idea of what your obligation (or entitlement) will be.
There is a quick children assistance estimator on the site of the Department of Human Services Child Assistance (” 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 help you with some of the lower recognized areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to make sure the best possible arrangement remains in place given your and the other moms and dads circumstances.
Some areas that Our Family Law Collins Street East can assist you with consist of:
Advising you regarding your choices concerning child assistance which may include arranging a personal child support agreement, in either a minimal or binding child assistance arrangement.
Personal arrangements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Collins Street East
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 private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be modified under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Collins Street East Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially 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 allows a private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Collins Street East seeking to settle their responsibilities 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 completely settle 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 provide 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 meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes 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 security or wellbeing.
Many individuals in Collins Street East may now be shocked 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 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 determined in the Family Court along with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for at least 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 Collins Street East.
De facto spouses must not fear that they should leave 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 couple.