Divorce And Separation Lawyers In Deer Park North
Australian Law operates on the concept 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 actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage 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 apply for divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Deer Park North to be separated but to continue residing in the same home during the twelve months, which is known 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 kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the husband and wife and there is no obligation on a party to commence 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 should apply for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance must 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 difficult to get.
You do not require us to inform you what child support is or to get a basic concept of what your commitment (or entitlement) will be.
There is a quick children support estimator on the site 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 support can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and help you to tactically plan your child support arrangements and commitments for the future to ensure the very best possible arrangement remains in place given your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Deer Park North and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Deer Park North can assist you with consist of:
Advising you regarding your alternatives regarding child assistance which might include setting up a private child assistance agreement, in either a restricted or binding child assistance arrangement.
Private arrangements offer certainty for both moms and dads for a longer amount of time (no continual 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 costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Deer Park North
We can help in converting the unsettled amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery litigation 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 evaluated child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based on a basic formula, however can be altered under various situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also use. The change of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Deer Park North Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, however 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 private agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Deer Park North looking for to finalise their commitments 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 obligations.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just 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 identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates 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 Deer Park North may now be surprised 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 email 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 together with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 considered to be a legal entity for the purpose of family law Deer Park North.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a couple.