Divorce And Separation Lawyers In Frankston Heights
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This implies an individual can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Frankston Heights to be separated however to continue residing in the same house during 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 during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate plans have actually been made for them.
Divorce procedures are performed completely separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to make an application for a divorce.
It is very important 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 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 Frankston Heights. Call us today for a consultation.
You do not require us to inform you exactly 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 Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and intricacies, and help you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible arrangement remains in place provided your and the other parents situations.
Some areas that Our Family Law Frankston Heights can assist you with consist of:
Advising you as to your options regarding child support which may consist of arranging a personal child assistance arrangement, in either a limited or binding child support arrangement.
Private agreements offer certainty for both moms and dads for a longer period of time (no continual 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 deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Frankston Heights
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 personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be changed under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (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’, etc. Other situations also use. The modification of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Frankston Heights Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially 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 agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement 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 or life insurance.
For separated couples in Frankston Heights looking for to finalise their obligations 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 monetary agreement can completely settle spousal maintenance responsibilities.
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 offer protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now incorporates 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 causes them to fear for their safety or wellbeing.
Lots of people in Frankston Heights may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or web web 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 residential or commercial property settlement and spousal maintenance determined in the Family Court alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for a minimum of 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Frankston Heights.
De facto spouses should not fear that they must 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.