Divorce And Separation Lawyers In Harcourt
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for at least twelve months and one day. This suggests an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Harcourt to be separated however to continue residing in the exact same house during the twelve months, which is called ‘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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce procedures are performed entirely separately from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to make an application for a divorce.
It is essential to be conscious that procedures for property settlement and spousal maintenance should 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 hard to obtain.
Our Lawyers also provides legal advice on family violence matters and restraining orders Harcourt. Call us now for an appointment.
You don’t require us to inform you what child assistance is or to get a basic concept of what your commitment (or entitlement) will be.
There is a fast children support 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 determine child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and intricacies, and assist you to tactically prepare your child support plans and responsibilities for the future to guarantee the best possible plan is in place given your and the other moms and dads situations.
Some areas that Our Family Law Harcourt can help you with consist of:
Advising you regarding your options relating to child support which may include setting up a personal child support agreement, in either a minimal or binding child support agreement.
Personal agreements provide certainty for both parents for a longer amount of time (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 eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Harcourt
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to modify the Department assessed child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be altered under different circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other scenarios also use. The change of evaluation process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Harcourt Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially 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 basically enables a personal arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Harcourt 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 monetary agreement can permanently finalise spousal maintenance commitments.
Family violence (also known 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 allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses 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 causes them to fear for their safety or wellbeing.
Lots of people in Harcourt may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic domestic basis for at least 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) are considered to be a legal entity for the purpose of family law Harcourt.
De facto spouses must not fear that they should 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 married couple.