Divorce And Separation Lawyers In Epping Dc
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least 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 Epping Dc to be separated however to continue living in the same home during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are carried out completely separately from other proceedings in between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should apply for a divorce.
It is essential to be aware that proceedings 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 challenging to get.
You do not need us to inform you what child assistance is or to get a general idea of what your responsibility (or entitlement) will be.
There is a fast children assistance 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 calculate child assistance can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and commitments for the future to guarantee the very best possible arrangement remains in place offered your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Epping Dc and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Epping Dc can help you with include:
Advising you regarding your options relating to child support which may consist of organizing a private child support arrangement, in either a limited or binding child support agreement.
Personal arrangements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and get rid of the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Epping Dc
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 private recovery litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department examined child assistance amount to better match your individual circumstances.
Assessments are prepared by the Department based on a basic formula, but can be altered under different situations (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The modification of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Epping Dc Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, 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 personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a considerable amount of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Epping Dc 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 monetary agreement can permanently finalise spousal maintenance obligations.
Family violence (also called 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 person and causes them to fear for their security or wellbeing.
Many individuals in Epping Dc might now be shocked to find 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 email account or web 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 determined in the Family Court along with couples.
In spite of 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 unit) are thought about to be a legal entity for the purpose of family law Epping Dc.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a couple.