Divorce And Separation Lawyers In Frankston
Australian Law operates on the principle of no-fault divorce. This implies 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 marital relationship has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This suggests a person can not apply for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Frankston to be separated however to continue living in the very 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 approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are performed entirely separately from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must apply for a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to get.
Our Lawyers also provides legal advice on family violence matters and restraining orders Frankston. Call us now for a consultation.
You do not require us to inform you exactly what child assistance is or to get a basic 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child assistance 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 tactically prepare your child support arrangements and commitments for the future to ensure the very best possible arrangement remains in place offered your and the other moms and dads circumstances.
Some areas that Our Family Law Frankston can help you with include:
Advising you as to your choices concerning child support which might include arranging a private child support agreement, in either a minimal or binding child assistance agreement.
Personal arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Frankston
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 steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to change the Department evaluated child assistance amount to much better match your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, however can be changed under various circumstances (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios 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.
Frankston Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 permits a personal agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Frankston seeking 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 financial agreement can completely finalise spousal maintenance responsibilities.
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 accusations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses a much larger 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 causes them to fear for their safety or wellbeing.
Many individuals in Frankston may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or internet 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 property settlement and spousal maintenance determined in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Frankston.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.