Divorce And Separation Lawyers In Dromana
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. 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 implies 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 Dromana to be separated however to continue residing in the same house throughout 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 during this time.
If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are carried out entirely separately from other proceedings between the couple and there is no responsibility on a party to commence 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 should apply for a divorce.
It is very important to be conscious that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Dromana. Call us now for an appointment.
You don’t need us to inform you what child assistance is or to get a general 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 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 tactically prepare your child support plans and responsibilities for the future to make sure the very best possible plan remains in place given your and the other parents circumstances.
Some areas that Our Family Law Dromana can help you with consist of:
Advising you as to your options relating to child assistance which may include organizing a personal child assistance agreement, in either a restricted or binding child support arrangement.
Private arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility 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 remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Dromana
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation 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 examined child assistance amount to much better suit your individual situations.
Assessments are prepared by the Department based upon a basic formula, but can be altered under different situations (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Dromana Pre-nuptials And Financial Agreements
Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 generally permits a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Dromana seeking to finalise 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 referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 security or wellbeing.
Lots of people in Dromana might now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 identified in the Family Court along with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 Dromana.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.