Divorce And Separation Lawyers In Dandenong
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Dandenong to be separated but to continue living in the exact same house during the twelve months, which is referred to 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper arrangements have been made for them.
Divorce proceedings are carried out totally individually from other proceedings between the couple and there is no responsibility on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance need to 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 hard to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Dandenong. Call us now for a consultation.
You do not need us to tell 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 assistance 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 a few of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and commitments for the future to ensure the very best possible plan is in place provided your and the other moms and dads situations.
Some areas that Our Family Law Dandenong can assist you with include:
Advising you as to your alternatives relating to child assistance which may include organizing a private child support agreement, in either a restricted or binding child assistance agreement.
Private arrangements 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 method of payment (direct financing 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 Unpaid Child Support In Dandenong
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to alter the Department evaluated child assistance amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be altered under different circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Dandenong Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless 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 allows a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Dandenong 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 settle spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however 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 assault) was expanded in late 2012 and now includes a much broader 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 individuals in Dandenong might 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 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.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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) are considered to be a legal entity for the purpose of family law Dandenong.
De facto partners must not fear that they should walk away 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 couple.