Divorce And Separation Lawyers In Frankston Heights
Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual can not make an application for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Frankston Heights to be separated but to continue residing in the very same home throughout the twelve months, which is known as ‘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 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 proper plans have been made for them.
Divorce procedures are carried out totally individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they should make an application for a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance should 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 challenging to get.
You do not require us to tell you exactly what child support is or to get a basic idea of what your obligation (or entitlement) will be.
There is a quick 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 calculate child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and assist you to tactically prepare your child support arrangements and responsibilities for the future to make sure the best possible plan is in place provided your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Frankston Heights and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Frankston Heights can help you with consist of:
Advising you as to your choices concerning child support which might include organizing a personal child support agreement, in either a limited or binding child support arrangement.
Personal agreements provide certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility 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 eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Frankston Heights
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 private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Assisting you to alter the Department examined child assistance amount to better suit your specific circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be altered under various situations (up or down) based on aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also use. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Frankston Heights Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless 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 prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Frankston Heights 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 completely finalise spousal maintenance commitments.
Family violence (also called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates 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 individual and causes them to fear for their security or wellbeing.
Lots of people in Frankston Heights may 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, monitoring their email account or internet 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 determined in the Family Court together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic domestic basis for at least 2 years (or less if they have a kid, 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 thought about to be a legal entity for the purpose of family law Frankston Heights.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial support, in very much the same way as a couple.