Divorce And Separation Lawyers In Footscray
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Footscray to be separated however to continue living 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 show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce procedures are conducted totally separately from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they need to apply for a divorce.
It is essential to be aware that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is difficult to acquire.
You do not require us to tell 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 website of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and assist you to tactically plan your child support arrangements and responsibilities for the future to guarantee the very best possible arrangement is in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Footscray and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Footscray can assist you with include:
Advising you as to your choices regarding child assistance which might include setting up a personal child support agreement, in either a restricted or binding child support arrangement.
Private arrangements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher versatility in the approach 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 administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Footscray
We can help in converting the unpaid 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 actions such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to modify the Department examined child assistance amount to much better match your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based upon factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of evaluation procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Footscray Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, however 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 prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant 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 coverage or life insurance.
For separated couples in Footscray seeking to finalise their commitments 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 commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only 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 children.
The traditional meaning of domestic violence (physical and sexual assault) was widened 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.
Many individuals in Footscray may now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or web 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 identified in the Family Court alongside married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 unit) are considered to be a legal entity for the purpose of family law Footscray.
De facto spouses should not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.