Divorce And Separation Lawyers In Deer Park East
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has 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 a minimum of twelve months and one day. This indicates an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Deer Park East to be separated however to continue living 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 throughout this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are performed entirely 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 other aspect of the marriage 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 started 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.
Child Support
You do not require us to tell you exactly what child support is or to get a general concept 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.
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 some of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and commitments for the future to make sure the very best possible arrangement remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Deer Park East and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Deer Park East can help you with include:
Advising you regarding your alternatives concerning child support which may include organizing a private child assistance arrangement, in either a limited or binding child assistance agreement.
Personal arrangements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility 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 get rid of the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Deer Park East
We can help in converting the unpaid 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 spouse at the international airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better suit your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be altered under different circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also use. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Deer Park East Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
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 private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, consisting of the expenses 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 Deer Park East seeking to settle 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 financial agreement can permanently finalise spousal maintenance responsibilities.
Family Violence
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 security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now encompasses a much broader 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 triggers them to fear for their security or wellbeing.
Many individuals in Deer Park East may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or web 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for a minimum of 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 thought about to be a legal entity for the purpose of family law Deer Park East.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a couple.
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