Divorce And Separation Lawyers In French Island
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 actually 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 at least twelve months and one day. This indicates a person can not request divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in French Island to be separated however to continue living in the very same house 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 only give a divorce if it is satisfied that appropriate plans have actually 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 before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must apply for a divorce.
It is necessary to be aware that proceedings for property settlement and spousal maintenance must 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 hard to acquire.
You don’t need us to tell you what child assistance is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick children assistance estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, 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 lesser known areas and intricacies, and help you to tactically prepare your child support arrangements and commitments for the future to ensure the very best possible plan is in place given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights French Island and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law French Island can help you with consist of:
Advising you as to your options regarding child assistance which might include organizing a personal child assistance agreement, in either a limited or binding child assistance arrangement.
Personal arrangements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Assistance In French Island
We can assist 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 lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to better match your individual situations.
Evaluations are prepared by the Department based upon a standard formula, however can be changed under different circumstances (up or down) based on factors such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.
French Island Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however 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 essentially allows a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in French Island seeking to finalise their responsibilities 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 completely settle spousal maintenance responsibilities.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition 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
- economic 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 people in French Island might 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 together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 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 French Island.
De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a couple.