Divorce And Separation Lawyers In Fawkner
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court has the ability 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 needs to has been separated for a minimum of twelve months and one day. This means an individual can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Fawkner to be separated however to continue residing 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 throughout this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct plans have actually been made for them.
Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should apply 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 tough to acquire.
You do not need us to tell you what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast 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 determine child support can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and help you to strategically prepare your child support arrangements and commitments for the future to make sure the very best possible plan is in place provided your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Fawkner and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Fawkner can assist you with include:
Advising you as to your options regarding child assistance which may include organizing a private child assistance arrangement, in either a minimal or binding child support 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 method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Support In Fawkner
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 unpaid debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department assessed child support amount to better suit your specific situations.
Evaluations are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Fawkner Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, 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 generally enables a personal arrangement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Fawkner seeking to settle their commitments 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 commitments.
Family violence (also 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 determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much larger scope of behaviours such as:
- emotional and psychological abuse
- economic abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and causes them to fear for their safety or wellbeing.
Many individuals in Fawkner might now be surprised to find 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 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) are considered to be a legal entity for the purpose of family law Fawkner.
De facto spouses should not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.