Divorce And Separation Lawyers In Glen Waverley
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage 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 actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Glen Waverley to be separated however to continue living in the same home throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce procedures are conducted completely individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to apply for a divorce.
It is necessary to be mindful that procedures 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 challenging to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Glen Waverley. Call us today for an appointment.
You do not need us to inform you what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser known areas and intricacies, and help you to strategically prepare your child support arrangements and commitments for the future to make sure the best possible plan is in place given your and the other parents scenarios.
Some areas that Our Family Law Glen Waverley can help you with include:
Advising you as to your options concerning child support which might include setting up a private child assistance arrangement, in either a minimal or binding child assistance agreement.
Personal agreements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Glen Waverley
We can assist in converting the unsettled 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 global airport gate terminal.
Assisting you to change the Department evaluated child assistance amount to better suit your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be changed under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also apply. 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.
Glen Waverley Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, however 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 precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Glen Waverley seeking to settle 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 obligations.
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 provide protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.
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 individual and triggers them to fear for their safety or wellbeing.
Lots of people in Glen Waverley may now be surprised to discover 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 messages, monitoring their e-mail account or web 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 together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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) are thought about to be a legal entity for the purpose of family law Glen Waverley.
De facto spouses must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.