Divorce And Separation Lawyers In East Bairnsdale
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able 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 a minimum of twelve months and one day. This means a person can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in East Bairnsdale to be separated but to continue living in the very same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove 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 proper arrangements have actually been made for them.
Divorce proceedings are performed entirely separately from other proceedings in between the husband and wife 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. However if either party to the marital relationship wants to re-marry they should request a divorce.
It is very important to be conscious that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders East Bairnsdale. Call us today for an appointment.
You do not require us to tell you exactly what child assistance is or to get a general idea of what your obligation (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 a few of the lower known areas and complexities, and help you to strategically plan your child support arrangements and commitments for the future to guarantee the best possible plan remains in place given your and the other moms and dads scenarios.
Some areas that Our Family Law East Bairnsdale can help you with include:
Advising you as to your choices relating to child support which may include organizing a private child support agreement, in either a limited or binding child assistance agreement.
Personal agreements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In East Bairnsdale
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department assessed child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based upon a standard formula, however can be modified under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents meant (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 however ‘asset rich’, and so on. Other scenarios also apply. The change of evaluation procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
East Bairnsdale Pre-nuptials And Financial Agreements
Financial arrangements (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 essentially allows a private arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses associated 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 East Bairnsdale looking for to settle their commitments 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 financial agreement can completely settle spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just 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 kids.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes 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 person and triggers them to fear for their security or wellbeing.
Many individuals in East Bairnsdale might 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 messages, monitoring their e-mail account or 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.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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) are considered to be a legal entity for the purpose of family law East Bairnsdale.
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 change of property and financial backing, in very much the same way as a married couple.