Divorce And Separation Lawyers In Dandenong East
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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates 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 Dandenong East to be separated but to continue residing in the very 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 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 correct arrangements have actually been made for them.
Divorce procedures are conducted totally individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to request a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is hard to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Dandenong East. Call us today for a consultation.
You don’t require us to inform you what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Assistance (” 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 a few of the lower known areas and intricacies, and assist you to strategically plan your child support plans and commitments for the future to ensure the very best possible plan is in place provided your and the other parents situations.
Some areas that Our Family Law Dandenong East can assist you with consist of:
Advising you as to your options regarding child support which might consist of arranging a personal child assistance arrangement, in either a restricted or binding child assistance agreement.
Private agreements supply certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct funding 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.
Helping In Steps To Recover Unsettled Child Support In Dandenong East
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 private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to change the Department examined child support amount to much better match your specific situations.
Assessments are prepared by the Department based upon a standard formula, however can be altered under different circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Dandenong East Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be helpful:
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 allows a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant sum of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Dandenong East looking for 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 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 offer security to the victim, but 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 meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much wider 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 causes them to fear for their security or wellbeing.
Many people in Dandenong East might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or web 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 property settlement and spousal maintenance determined in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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 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 Dandenong East.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a married couple.