Divorce And Separation Lawyers In Epping
Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This indicates 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 Epping to be separated however to continue residing in the same home during the twelve months, which is known as ‘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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that proper plans have actually been made for them.
Divorce proceedings are carried out totally separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to get.
You don’t require us to inform you exactly 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 website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to ensure the very best possible plan is in place given your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Epping and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Epping can help you with include:
Advising you regarding your choices relating to child assistance which may consist of setting up a personal child support agreement, in either a limited or binding child assistance agreement.
Private arrangements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the method of payment (direct financing 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 bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Epping
We can help 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 litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to change the Department assessed child assistance amount to better match your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be modified under various situations (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also use. The modification of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Epping Pre-nuptials And Financial Agreements
Financial arrangements (also known informally 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 basically enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a substantial amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Epping 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 completely settle spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses 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 causes them to fear for their safety or wellbeing.
Lots of people in Epping might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email 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 together with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.