Divorce And Separation Lawyers In Dunluce
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This suggests a person can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Dunluce to be separated but to continue living in the very 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 throughout this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are performed completely individually from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should make an application for a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Dunluce. Call us today for an appointment.
You do not require 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 quick children assistance estimator on the website of the Department of Human Services Child Assistance (” 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 recognized areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to make sure the best possible plan remains in place offered your and the other moms and dads situations.
Some areas that Our Family Law Dunluce can assist you with include:
Advising you as to your options relating to child support which may consist of setting up a private child support agreement, in either a minimal or binding child support arrangement.
Private agreements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Dunluce
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to change the Department assessed child assistance amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be changed under various 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 additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also use. The change of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Dunluce Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, including 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 Dunluce 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 completely finalise spousal maintenance responsibilities.
Family violence (also referred to as 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 determining future parenting arrangements for children.
The traditional meaning 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
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their safety or wellbeing.
Many individuals in Dunluce may now be shocked 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, monitoring their e-mail account or internet 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
Despite 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Dunluce.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.