Divorce And Separation Lawyers In Cundare
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. 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 implies 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 Cundare to be separated however to continue living in the same home throughout 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 actually been made for them.
Divorce procedures are performed totally separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to request 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 just be made after this period 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 Cundare. Call us today for a consultation.
You do not need us to inform you exactly what child support is or to get a basic idea of what your commitment (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.
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 some of the lower recognized areas and intricacies, and assist you to tactically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement is in place given your and the other parents scenarios.
Some areas that Our Family Law Cundare can help you with consist of:
Advising you as to your options regarding child support which may consist of organizing a private child assistance agreement, in either a restricted or binding child assistance arrangement.
Personal agreements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Cundare
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to change the Department evaluated child support amount to much better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be altered under different situations (up or down) based on aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Cundare Pre-nuptials And Financial Agreements
Financial arrangements (also 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 basically enables a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Cundare 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 finalise spousal maintenance responsibilities.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any allegations 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 includes 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 person and causes them to fear for their safety or wellbeing.
Many people in Cundare might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 Cundare.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.