Divorce And Separation Lawyers In Grantville
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. 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 means a person can not make an application for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Grantville to be separated however to continue living in the same home during 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 during this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce proceedings are conducted totally individually from other proceedings in between the couple and there is no commitment on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is essential to be mindful 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 duration with the approval of the Court, and this is hard to acquire.
Our Lawyers also provides legal advice on family violence matters and restraining orders Grantville. Call us now for an appointment.
You don’t need us to inform you what child assistance is or to get a basic idea 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 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 some of the lesser known areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to guarantee the very best possible arrangement remains in place offered your and the other parents circumstances.
Some areas that Our Family Law Grantville can help you with consist of:
Advising you regarding your choices relating to child support which may consist of arranging a personal child support agreement, in either a restricted or binding child support arrangement.
Personal arrangements supply certainty for both parents for a longer time period (no continual 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 remove the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Grantville
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow 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 assistance amount to much better suit your individual situations.
Evaluations are prepared by the Department based on a standard formula, however can be altered under various circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other situations also use. The change of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Grantville Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless 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 essentially permits a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Grantville 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 finalise spousal maintenance commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes 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.
Lots of people in Grantville may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 determined in the Family Court alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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 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 Grantville.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of property and financial backing, in very much the same way as a couple.