Divorce And Separation Lawyers In Frankston South
Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Frankston South to be separated however to continue living in the same house throughout the twelve months, which is referred to as ‘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 kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate plans have actually been made for them.
Divorce procedures are performed entirely individually from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is important to be mindful that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Frankston South. Call us today for a consultation.
You don’t need us to inform you what child assistance is or to get a basic concept 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and assist you to tactically prepare your child support plans and obligations for the future to make sure the best possible plan remains in place provided your and the other moms and dads situations.
Some areas that Our Family Law Frankston South can assist you with consist of:
Advising you as to your options regarding child support which may include organizing a private child support agreement, in either a limited or binding child assistance arrangement.
Private arrangements offer certainty for both moms and dads for a longer amount 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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Frankston South
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 personal recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department examined child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be altered under various circumstances (up or down) based on aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Frankston South Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, 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 essentially enables a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a substantial amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Frankston South 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 finalise spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) 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 individual and triggers them to fear for their safety or wellbeing.
Many individuals in Frankston South might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or 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 together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Frankston South.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial backing, in very much the same way as a couple.