Divorce And Separation Lawyers In Glenormiston South
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. 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 implies a person can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Glenormiston South to be separated but to continue living in the same home throughout 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 throughout this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper arrangements have been made for them.
Divorce proceedings are carried out totally individually from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Glenormiston South. 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 obligation (or entitlement) will be.
There is a fast children support 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 calculate child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to tactically plan your child support arrangements and responsibilities for the future to guarantee the best possible arrangement is in place provided your and the other parents situations.
Some areas that Our Family Law Glenormiston South can assist you with include:
Advising you regarding your choices concerning child assistance which might include arranging a private child support agreement, in either a limited or binding child support agreement.
Private arrangements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct funding 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 Glenormiston South
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 litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to alter the Department examined child support amount to better match your individual situations.
Evaluations are prepared by the Department based on a basic formula, but can be altered under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Glenormiston South Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, 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 generally enables 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 substantial amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Glenormiston South looking for 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 settle 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 protection 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 definition of domestic violence (physical and sexual assault) was broadened 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.
Many individuals in Glenormiston South may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail 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 property settlement and spousal maintenance determined in the Family Court together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 considered to be a legal entity for the purpose of family law Glenormiston South.
De facto spouses must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.