Divorce And Separation Lawyers In East Geelong
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in East Geelong to be separated however to continue living in the exact same home 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are carried out totally individually from other proceedings in between the couple and there is no responsibility 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 apply for a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance must 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 challenging to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders East Geelong. Call us today for a consultation.
You do not need us to tell you what child assistance is or to get a general idea of what your responsibility (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.
Nevertheless, the child support system and the formula used to determine child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to guarantee the best possible arrangement remains in place provided your and the other moms and dads situations.
Some areas that Our Family Law East Geelong can assist you with include:
Advising you regarding your alternatives concerning child support which might include setting up a personal child support agreement, in either a minimal or binding child support arrangement.
Personal agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 Unsettled Child Support In East Geelong
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal 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.
Helping you to change the Department assessed child assistance amount to better suit your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be modified under different situations (up or down) based on factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other scenarios also use. The modification of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
East Geelong Pre-nuptials And Financial Agreements
Financial arrangements (also 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 basically enables a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in East Geelong 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 permanently settle spousal maintenance obligations.
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 offer 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 abuse) was broadened in late 2012 and now incorporates 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 safety or wellbeing.
Lots of people in East Geelong may now be surprised to find that domestic violence orders can be made if a person 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 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 determined in the Family Court together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 considered to be a legal entity for the purpose of family law East Geelong.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.