Divorce And Separation Lawyers In Cranbourne West
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to give 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 should has been separated for a minimum of twelve months and one day. This suggests an individual can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Cranbourne West to be separated however to continue residing 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 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 approve a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are carried out completely separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance should 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 obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Cranbourne West. Call us today for a consultation.
You don’t need us to inform you what child assistance is or to get a general concept of what your obligation (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.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and assist you to tactically plan your child support plans and commitments for the future to make sure the best possible arrangement is in place given your and the other parents situations.
Some areas that Our Family Law Cranbourne West can assist you with include:
Advising you as to your choices relating to child support which may consist of setting up a personal child assistance arrangement, in either a minimal or binding child assistance arrangement.
Private agreements provide certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher flexibility 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 remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Cranbourne West
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department assessed child support amount to much better match your individual situations.
Assessments are prepared by the Department based upon a standard formula, however can be altered under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The modification of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Cranbourne West Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally 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 essentially permits a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Cranbourne West seeking to settle 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 permanently settle spousal maintenance obligations.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but 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 definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses 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 causes them to fear for their security or wellbeing.
Many individuals in Cranbourne West may now be shocked to find 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, 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 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 actually lived together on a genuine 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 residential or commercial 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 Cranbourne West.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.