Divorce And Separation Lawyers In Elphinstone
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship 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 actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates an individual 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 Elphinstone to be separated but to continue living in the exact same house throughout 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 prove to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce procedures are conducted completely individually from other proceedings 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 marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to make an application for a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance need to be begun 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 obtain.
You don’t require us to tell you exactly what child support is or to get a general idea of what your responsibility (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 calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to ensure the very best possible plan remains in place given your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Elphinstone and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Elphinstone can assist you with include:
Advising you regarding your alternatives concerning child assistance which might consist of arranging a personal child assistance arrangement, in either a limited or binding child support arrangement.
Private arrangements provide certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct financing 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 bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Elphinstone
We can help in converting the unpaid amount from a Commonwealth debt to a personal 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 debt from a recalcitrant partner at the international airport gate terminal.
Helping you to alter the Department assessed child assistance amount to better suit your individual circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be changed under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Elphinstone Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:
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 allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable sum of money, including the costs 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 Elphinstone looking for to finalise 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 monetary agreement can completely settle spousal maintenance responsibilities.
Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but 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 definition of domestic violence (physical and sexual assault) was expanded 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 person and triggers them to fear for their security or wellbeing.
Lots of people in Elphinstone may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes 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 property settlement and spousal maintenance identified in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 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 Elphinstone.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.