Divorce And Separation Lawyers In Fawcett
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. 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 means a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Fawcett to be separated but to continue living in the same house during the twelve months, which is called ‘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 kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are performed completely individually from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they need to make an application for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to get.
You do not require us to inform you what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast children assistance 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 support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to ensure the very best possible plan is in place offered your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Fawcett and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Fawcett can help you with include:
Advising you as to your choices regarding child assistance which might consist of arranging a private child assistance agreement, in either a minimal or binding child support agreement.
Personal agreements supply certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing 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.
Assisting In Steps To Recover Unsettled Child Assistance In Fawcett
We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow 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 global airport gate terminal.
Helping you to modify the Department assessed child assistance amount to much better match your specific situations.
Evaluations are prepared by the Department based on a standard formula, but can be changed under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Fawcett Pre-nuptials And Financial Agreements
Financial agreements (likewise known informally 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 permits a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Fawcett seeking to settle their obligations 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 responsibilities.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now includes 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 person and triggers them to fear for their security or wellbeing.
Lots of people in Fawcett might now be surprised 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 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 along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 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 Fawcett.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.