Divorce And Separation Lawyers In Dixie
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This indicates an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Dixie to be separated however to continue residing in the exact same house during the twelve months, which is known 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 only grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are performed entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to doing something about it 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 important to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to get.
You don’t need us to tell you what child assistance is or to get a basic concept of what your obligation (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 some of the lesser recognized areas and intricacies, and help you to tactically prepare your child support arrangements and responsibilities for the future to ensure the best possible arrangement remains in place given your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Dixie and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Dixie can assist you with include:
Advising you as to your alternatives relating to child support which may consist of arranging a private child support agreement, in either a minimal or binding child assistance arrangement.
Private arrangements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater flexibility in the method of payment (direct funding 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.
Assisting In Steps To Recover Unpaid Child Assistance In Dixie
We can assist in converting the unpaid 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 actions such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to alter the Department assessed child support amount to better suit your individual situations.
Evaluations are prepared by the Department based upon a basic formula, however can be changed under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also use. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Dixie Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 generally allows a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Dixie seeking to finalise 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 monetary agreement can completely finalise spousal maintenance obligations.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security 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 kids.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much broader 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 triggers them to fear for their safety or wellbeing.
Many people in Dixie might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance 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 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 actually cohabited on a real 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 thought about to be a legal entity for the purpose of family law Dixie.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial backing, in very much the same way as a married couple.