Divorce And Separation Lawyers In Curdies River
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. 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 means an individual 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 Curdies River to be separated however to continue residing in the very 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 have 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 just grant a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce proceedings are performed completely separately from other proceedings between the husband and wife and there is no obligation 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 wishes to re-marry they should make an application for a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance need to be begun 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 acquire.
You do not require 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 quick 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 support can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and intricacies, and assist you to strategically plan your child support plans and commitments for the future to ensure the best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Curdies River and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Curdies River can assist you with consist of:
Advising you regarding your alternatives regarding child support which may include arranging a personal child support agreement, in either a restricted or binding child assistance arrangement.
Personal agreements supply certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Curdies River
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 private recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to much better suit your specific situations.
Assessments are prepared by the Department based on a basic formula, but can be changed under various circumstances (up or down) based on aspects 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 additional health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of assessment process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Curdies River Pre-nuptials And Financial Agreements
Financial arrangements (likewise 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 basically allows a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a significant amount of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Curdies River looking for to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance commitments.
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 claims of domestic violence into consideration when identifying 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 larger scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and triggers them to fear for their safety or wellbeing.
Lots of people in Curdies River might now be shocked 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, monitoring their e-mail account or internet 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 identified in the Family Court alongside married 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 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 unit) are considered to be a legal entity for the purpose of family law Curdies River.
De facto partners must not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.