Divorce And Separation Lawyers In Drumcondra
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Drumcondra to be separated however to continue residing in the 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 grant a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the couple and there is no responsibility on a party to commence 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 apply for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance need to 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 obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Drumcondra. Call us today for a consultation.
You do not need us to inform you exactly what child support is or to get a basic concept of what your commitment (or entitlement) will be.
There is a fast children assistance 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 compute child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and help you to tactically prepare your child support plans and responsibilities for the future to guarantee the best possible arrangement remains in place offered your and the other moms and dads situations.
Some areas that Our Family Law Drumcondra can help you with consist of:
Advising you as to your choices concerning child assistance which may consist of organizing a private child assistance arrangement, in either a limited or binding child support agreement.
Personal agreements supply certainty for both moms and dads for a longer period of time (no continuous 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 administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Drumcondra
We can help in converting the unsettled 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 unpaid debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department evaluated child support amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be modified under different circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other scenarios also use. The modification of assessment procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Drumcondra Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
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 allows a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including the expenses 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 Drumcondra looking for to finalise 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 financial agreement can permanently finalise spousal maintenance commitments.
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, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates a much broader scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their security or wellbeing.
Many individuals in Drumcondra may now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 property settlement and spousal maintenance determined in the Family Court together with married couples.
Despite 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 unit) are considered to be a legal entity for the purpose of family law Drumcondra.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a couple.