Divorce And Separation Lawyers In Essendon West
Australian Law operates on the principle of no-fault divorce. This indicates 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 needs to has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Essendon West to be separated however to continue residing in the same home 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 grant a divorce if it is satisfied that appropriate arrangements have been made for them.
Divorce proceedings are carried out totally separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should request a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance must be commenced 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 get.
You don’t need us to inform you exactly what child assistance is or to get a basic idea of what your obligation (or entitlement) will be.
There is a fast 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 determine child support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and intricacies, and assist you to tactically plan your child support arrangements and obligations for the future to ensure the very best possible plan remains in place provided your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Essendon West and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Essendon West can assist you with include:
Advising you as to your alternatives concerning child support which may include organizing a personal child assistance agreement, in either a limited or binding child assistance agreement.
Private agreements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.
Helping In Steps To Recover Unsettled Child Support In Essendon West
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 private recovery lawsuits 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 examined child assistance amount to much better match your specific circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other scenarios also use. The modification of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Essendon West Pre-nuptials And Financial Agreements
Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, however they can be beneficial:
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 private arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a substantial amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Essendon West seeking 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 finalise spousal maintenance obligations.
Family violence (likewise referred to 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 identifying future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses 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 safety or wellbeing.
Many people in Essendon West may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real 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 thought about to be a legal entity for the purpose of family law Essendon West.
De facto partners should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a couple.