Divorce And Separation Lawyers In Granite Rock
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means a person can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Granite Rock 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 show 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 plans have been made for them.
Divorce proceedings are performed totally separately from other proceedings in between the couple and there is no commitment on a party to begin divorce proceedings before taking action 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 request a divorce.
It is very 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 Granite Rock. Call us today for a consultation.
You do not need us to inform you what child assistance is or to get a basic idea of what your responsibility (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.
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 some of the lesser recognized areas and complexities, and assist you to tactically plan your child support arrangements and commitments for the future to ensure the best possible arrangement remains in place provided your and the other parents situations.
Some areas that Our Family Law Granite Rock can assist you with consist of:
Advising you as to your options regarding child assistance which might consist of arranging a personal child assistance arrangement, in either a minimal or binding child assistance agreement.
Personal agreements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the method 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 deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Granite Rock
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to change the Department assessed child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be modified under different circumstances (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other scenarios also use. The change of evaluation procedure can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Granite Rock Pre-nuptials And Financial Agreements
Financial agreements (also known informally 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 generally permits a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Granite Rock looking for to settle their commitments 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 known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates a much larger 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 security or wellbeing.
Many individuals in Granite Rock may now be shocked 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 internet 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 alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 unit) are thought about to be a legal entity for the purpose of family law Granite Rock.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.