Divorce And Separation Lawyers In Geelong Mc
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates a person can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Geelong Mc to be separated but to continue residing in the very same home throughout the twelve months, which is called ‘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 throughout this time.
If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings before taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should request a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance must 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 difficult to obtain.
You do not need us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” 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 assist you with a few of the lesser known areas and intricacies, and help you to strategically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement is in place given your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Geelong Mc and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Geelong Mc can help you with include:
Advising you regarding your choices regarding child support which might consist of setting up a personal child support arrangement, in either a minimal or binding child assistance agreement.
Personal arrangements supply certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Geelong Mc
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 personal recovery lawsuits through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Helping you to modify the Department evaluated child support amount to much better match your specific situations.
Assessments are prepared by the Department based on a standard formula, however can be changed under various circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The modification of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Geelong Mc Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, 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 arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a significant amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Geelong Mc 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 monetary agreement can permanently finalise spousal maintenance commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes 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 Geelong Mc 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, monitoring their email account or 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 determined in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Geelong Mc.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a married couple.