Divorce And Separation Lawyers In Coolaroo
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 approve a divorce if there has been an irretrievable breakdown of marriage. 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 request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Coolaroo 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 need to prove 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 appropriate arrangements have been made for them.
Divorce procedures are carried out completely separately from other proceedings in between the husband and wife and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Coolaroo. Call us now for an appointment.
You do not require 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 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 compute child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and help you to tactically plan your child support arrangements and obligations for the future to make sure the best possible arrangement is in place offered your and the other parents situations.
Some areas that Our Family Law Coolaroo can help you with include:
Advising you as to your choices concerning child support which may include organizing a personal child support arrangement, in either a restricted or binding child support arrangement.
Private arrangements provide certainty for both moms and dads for a longer amount of time (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 remove the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Coolaroo
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 personal recovery litigation 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 alter the Department evaluated child support amount to much better match your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be changed under different circumstances (up or down) based upon factors 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 extra health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The change of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Coolaroo Pre-nuptials And Financial Agreements
Financial agreements (also known informally 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 basically permits a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Coolaroo seeking to settle their commitments 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 financial agreement can completely finalise spousal maintenance obligations.
Family violence (likewise referred to 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 claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition 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
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.
Lots of people in Coolaroo may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with married 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Coolaroo.
De facto spouses should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial backing, in very much the same way as a couple.