Divorce And Separation Lawyers In Doncaster
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able 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 a minimum of twelve months and one day. This implies a person can not apply for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Doncaster to be separated but to continue residing in the very 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 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 approve a divorce if it is satisfied that appropriate plans have actually been made for them.
Divorce procedures are conducted entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants 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 just be made after this period with the approval of the Court, and this is difficult to obtain.
You don’t need us to tell you exactly what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children support 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 determine child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and help you to strategically plan your child support plans and commitments for the future to make sure the very best possible plan is in place given your and the other moms and dads circumstances.
Our lawyers provides legal advice on visitation rights Doncaster and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Doncaster can help you with include:
Advising you regarding your options relating to child assistance which might consist of organizing a private child assistance agreement, in either a restricted or binding child support arrangement.
Private agreements offer certainty for both parents for a longer amount 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 expenses in part or in lieu), and remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Doncaster
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to allow 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 partner at the worldwide airport gate terminal.
Assisting you to modify the Department assessed child assistance amount to better suit your specific situations.
Assessments are prepared by the Department based on a basic formula, but can be modified under various situations (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also use. The modification of evaluation process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Doncaster Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless they can be useful:
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 agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Doncaster seeking to settle their responsibilities 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 permanently finalise spousal maintenance responsibilities.
Family violence (also called 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes 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 person and triggers them to fear for their safety or wellbeing.
Many individuals in Doncaster might now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 residential or commercial 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 actually lived together on a real 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 unit) are considered to be a legal entity for the purpose of family law Doncaster.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.