Divorce And Separation Lawyers In Dumbalk
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to give 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 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 Dumbalk to be separated but to continue living in the exact same house throughout the twelve months, which is known as ‘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 throughout this time.
If there are kids aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are conducted totally individually from other proceedings between the couple and there is no commitment 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 marriage wishes to re-marry they need to apply for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only 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 what child support is or to get a basic concept of what your obligation (or entitlement) will be.
There is a fast children support estimator on the site 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 assistance can be a complex and painful minefield. We can help you with some of the lower recognized areas and intricacies, and help you to tactically plan your child support plans and commitments for the future to make sure the best possible arrangement remains in place given your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Dumbalk and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Dumbalk can assist you with consist of:
Advising you regarding your options relating to child assistance which might consist of setting up a private child assistance agreement, in either a minimal or binding child support arrangement.
Personal agreements supply certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater flexibility 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 eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Dumbalk
We can assist in converting the unsettled 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 debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to change the Department examined child assistance amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other circumstances also use. The modification of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Dumbalk Pre-nuptials And Financial Agreements
Financial agreements (also 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 essentially allows a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Dumbalk looking for to settle 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 commitments.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection 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 definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much wider 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.
Lots of people in Dumbalk may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, 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 alongside couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine domestic basis for at least 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Dumbalk.
De facto partners should 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 married couple.