Divorce And Separation Lawyers In Drumcondra
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court has the ability to grant 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 needs to has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Drumcondra to be separated however to continue residing in the same home throughout the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have 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 only approve a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are performed completely separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should request a divorce.
It is very important to be conscious that procedures for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to get.
You don’t require us to inform you exactly 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 website of the Department of Human Services Child Assistance (” the Department”) which you can use.
However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can help you with some of the lesser known areas and complexities, and help you to tactically plan your child support plans and obligations for the future to ensure the best possible plan remains in place offered your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Drumcondra and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Drumcondra can help you with include:
Advising you regarding your choices relating to child assistance which might include arranging a private child assistance arrangement, in either a restricted or binding child support agreement.
Private arrangements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Drumcondra
We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 spouse at the global airport gate terminal.
Helping you to change the Department examined child assistance amount to much better match your specific circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of evaluation process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.
Drumcondra Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally as ‘pre-nups’) are not for everybody, 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 generally permits a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Drumcondra looking for 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 (likewise known as 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 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
- 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 individuals in Drumcondra might now be shocked to discover 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, monitoring their e-mail account or 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 alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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) are considered to be a legal entity for the purpose of family law Drumcondra.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a married couple.