Divorce And Separation Lawyers In Croydon South
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This indicates an individual can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Croydon South to be separated but to continue residing in the exact same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must apply for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance should 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 Croydon South. Call us today for a consultation.
You do not need us to tell you what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and assist you to strategically plan your child support arrangements and commitments for the future to guarantee the very best possible arrangement is in place provided your and the other parents circumstances.
Some areas that Our Family Law Croydon South can assist you with include:
Advising you as to your alternatives concerning child assistance which may consist of setting up a personal child support arrangement, in either a restricted or binding child support arrangement.
Personal agreements supply certainty for both parents for a longer time period (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 costs in part or in lieu), and get rid of the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Croydon South
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 personal recovery lawsuits 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 evaluated child assistance amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also use. The change of assessment process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Croydon South Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, however they can be beneficial:
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 enables a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a considerable amount of money, including the expenses 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 Croydon South seeking to settle their obligations 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 completely finalise spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but 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 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 individual and triggers them to fear for their safety or wellbeing.
Many people in Croydon South may now be surprised to discover 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 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 identified in the Family Court alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 considered to be a legal entity for the purpose of family law Croydon South.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.