Divorce And Separation Lawyers In Fawkner
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies a person can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Fawkner to be separated however to continue living in the same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are performed totally individually from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they need to request a divorce.
It is necessary 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 hard to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Fawkner. Call us today for a consultation.
You do not need us to inform you exactly what child support is or to get a basic idea of what your responsibility (or entitlement) will be.
There is a quick children support 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 assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to strategically prepare your child support arrangements and commitments for the future to ensure the best possible plan remains in place offered your and the other moms and dads circumstances.
Some areas that Our Family Law Fawkner can help you with include:
Advising you as to your alternatives concerning child support which might consist of organizing a personal child assistance agreement, in either a minimal or binding child assistance arrangement.
Personal agreements supply certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Fawkner
We can assist 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 actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department evaluated child support amount to much better suit your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be changed under different circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also use. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Fawkner Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, nevertheless they can be beneficial:
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 generally allows a personal arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Fawkner seeking to finalise their responsibilities 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 settle spousal maintenance obligations.
Family violence (likewise 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 accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses 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 individual and triggers them to fear for their security or wellbeing.
Many people in Fawkner may now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, 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 identified in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 residential or commercial 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 Fawkner.
De facto spouses should 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 backing, in very much the same way as a couple.