Divorce And Separation Lawyers In Costerfield
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This means a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Costerfield to be separated however to continue living in the same house during 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 grant a divorce if it is satisfied that proper arrangements have been made for them.
Divorce proceedings are performed completely separately from other proceedings 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. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Costerfield. Call us today for an appointment.
You don’t require us to inform you what child assistance is or to get a general concept of what your commitment (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.
Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and commitments for the future to make sure the very best possible plan is in place given your and the other parents situations.
Some areas that Our Family Law Costerfield can assist you with include:
Advising you as to your alternatives relating to child assistance which might consist of arranging a private child assistance arrangement, in either a limited or binding child assistance arrangement.
Private agreements supply certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater flexibility in the method of payment (direct financing 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 administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Costerfield
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Costerfield Pre-nuptials And Financial Agreements
Monetary 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 generally permits 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 significant sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Costerfield seeking to settle their commitments 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 referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much broader 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 safety or wellbeing.
Lots of people in Costerfield might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 determined in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 thought about to be a legal entity for the purpose of family law Costerfield.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial support, in very much the same way as a couple.