Divorce And Separation Lawyers In Fountain Gate
Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Fountain Gate to be separated but to continue living 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must request a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to get.
You do not need us to tell you what child assistance is or to get a basic idea 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 compute child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and help you to tactically plan your child support arrangements and responsibilities for the future to guarantee the best possible arrangement is in place given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Fountain Gate and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Fountain Gate can help you with include:
Advising you regarding your options concerning child assistance which might consist of organizing a personal child assistance arrangement, in either a restricted or binding child assistance agreement.
Personal agreements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility in the approach 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 bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Fountain Gate
We can assist in converting the unpaid amount from a Commonwealth debt to a personal 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 partner at the global airport gate terminal.
Helping you to alter the Department evaluated child assistance amount to much better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances also use. The change of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Fountain Gate Pre-nuptials And Financial Agreements
Financial arrangements (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 enables a private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the costs connected 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 Fountain Gate seeking to finalise 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 permanently settle spousal maintenance commitments.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much larger 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 security or wellbeing.
Many individuals in Fountain Gate may now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 Fountain Gate.
De facto partners should not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a married couple.