Divorce And Separation Lawyers In Daylesford
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 give 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 needs to has been separated for at least twelve months and one day. This means a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Daylesford to be separated but to continue residing in the exact same home throughout 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 throughout this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are carried out completely separately from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must request a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is tough to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Daylesford. Call us now for an appointment.
You don’t require us to inform you exactly what child assistance is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to guarantee the best possible plan is in place offered your and the other parents situations.
Some areas that Our Family Law Daylesford can assist you with consist of:
Advising you regarding your alternatives regarding child assistance which may include setting up a private child assistance arrangement, in either a limited or binding child assistance arrangement.
Private arrangements offer certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher versatility 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.
Assisting In Steps To Recover Unsettled Child Support In Daylesford
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department evaluated child support amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a basic formula, however can be altered under different circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
Daylesford 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 essentially enables a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an agreement can save a considerable sum of money, consisting of the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Daylesford looking for 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 (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, 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 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.
Lots of people in Daylesford may now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, 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 alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 Daylesford.
De facto partners must not fear that they need to 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.