Divorce And Separation Lawyers In Drung
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. 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 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 Drung to be separated but to continue residing in the same house during the twelve months, which is known as ‘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 kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are conducted completely individually from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should apply for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Drung. Call us now for a consultation.
You do not need us to inform you what child support is or to get a general concept 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 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 intricacies, and help you to tactically prepare your child support plans and commitments for the future to make sure the very best possible arrangement remains in place offered your and the other moms and dads scenarios.
Some areas that Our Family Law Drung can help you with include:
Advising you regarding your alternatives regarding child assistance which might include arranging a personal child assistance agreement, in either a restricted or binding child support agreement.
Personal arrangements supply certainty for both moms and dads for a longer amount 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 get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Drung
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department evaluated child support amount to better suit your individual circumstances.
Evaluations are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based upon factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The modification of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Drung Pre-nuptials And Financial Agreements
Monetary arrangements (likewise 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 basically enables a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a significant amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Drung seeking to settle their obligations 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 completely finalise spousal maintenance responsibilities.
Family violence (likewise called 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 children.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates a much larger 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 causes them to fear for their security or wellbeing.
Many individuals in Drung may now be shocked to discover that domestic violence orders can be made if an individual 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 brand-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 together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for at least 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 Drung.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial backing, in very much the same way as a couple.