Divorce And Separation Lawyers In Eaglehawk
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability 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 a minimum of twelve months and one day. This indicates a person can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Eaglehawk to be separated but to continue living in the same house during the twelve months, which is referred to 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 during this time.
If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper plans have actually been made for them.
Divorce procedures are carried out completely individually from other proceedings in between the couple and there is no obligation on a party to commence 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 need to make an application for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance should 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 acquire.
You do not need us to inform you what child assistance is or to get a general idea 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 Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized areas and intricacies, and help you to strategically plan your child support arrangements and obligations for the future to make sure the best possible arrangement is in place provided your and the other moms and dads circumstances.
Our lawyers provides legal advice on visitation rights Eaglehawk and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Eaglehawk can assist you with consist of:
Advising you as to your options relating to child assistance which might consist of setting up a personal child support agreement, in either a restricted or binding child support agreement.
Private arrangements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher versatility 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 deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In Eaglehawk
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to alter the Department examined child support amount to much better match your individual situations.
Evaluations are prepared by the Department based on a basic formula, however can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also use. The change of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Eaglehawk Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however 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 enables a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs 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 Eaglehawk seeking to finalise their responsibilities to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can completely finalise 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, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates a much broader 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 causes them to fear for their security or wellbeing.
Lots of people in Eaglehawk might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, 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 determined in the Family Court alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic 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 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 Eaglehawk.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a married couple.