Divorce And Separation Lawyers In Emerald
Australian Law operates on the principle of no-fault divorce. This indicates 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 marriage has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means a person 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 Emerald to be separated however to continue residing in the exact same home throughout the twelve months, which is known 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 children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are performed completely individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must make an application for a divorce.
It is necessary to be conscious 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 get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Emerald. Call us today for an appointment.
You do not require us to inform you what child support is or to get a general idea of what your responsibility (or entitlement) will be.
There is a quick children assistance estimator on the site 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 assistance can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to make sure the best possible plan is in place given your and the other moms and dads scenarios.
Some areas that Our Family Law Emerald can help you with consist of:
Advising you regarding your choices regarding child support which might consist of organizing a private child assistance arrangement, in either a minimal or binding child assistance arrangement.
Personal arrangements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher versatility 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 remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Emerald
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 private 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 change the Department evaluated child assistance amount to much better suit your specific situations.
Evaluations are prepared by the Department based on a basic formula, however can be altered under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation process can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Emerald Pre-nuptials And Financial Agreements
Monetary agreements (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 agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Emerald seeking to finalise their obligations 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 finalise spousal maintenance commitments.
Family violence (likewise known as 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 accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much wider 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 Emerald 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 messages, monitoring their email 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic domestic basis for a minimum of 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 Emerald.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.