Divorce And Separation Lawyers In Frankston North
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates a person 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 North to be separated however to continue living in the exact same home during the twelve months, which is known 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate arrangements have actually 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 taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to apply for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance need to be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to get.
You don’t require us to inform you exactly what child assistance is or to get a basic idea of what your commitment (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 assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and help you to strategically prepare your child support plans and commitments for the future to ensure the very best possible plan is in place provided your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Frankston North and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Frankston North can help you with consist of:
Advising you as to your alternatives concerning child assistance which might consist of setting up a personal child support arrangement, in either a limited or binding child support agreement.
Private arrangements 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 approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Frankston North
We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department evaluated child assistance amount to much better suit your individual situations.
Assessments are prepared by the Department based upon a basic formula, however can be modified under various situations (up or down) based upon aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a moms and dad is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Frankston North Pre-nuptials And Financial Agreements
Financial arrangements (likewise known informally as ‘pre-nups’) are not for everybody, 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 allows a private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a substantial amount 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 Frankston North seeking to finalise 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 financial agreement can permanently settle spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security 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 abuse) was broadened 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 individual and causes them to fear for their security or wellbeing.
Lots of people in Frankston North may now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes 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 along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a genuine 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 Frankston North.
De facto partners must not fear that they should walk away 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.