Divorce And Separation Lawyers In Geelong North
Australian Law operates on the concept 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 been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Geelong North to be separated but to continue residing 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 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 plans have actually been made for them.
Divorce proceedings are performed entirely individually 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 other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must make an application for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to obtain.
Child Support
You don’t need us to tell you what child assistance is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children support 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 calculate child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and assist you to tactically plan your child support plans and commitments for the future to ensure the best possible arrangement is in place given your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Geelong North and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Geelong North can help you with include:
Advising you regarding your options relating to child assistance which might consist of arranging a private child support arrangement, in either a limited or binding child assistance agreement.
Personal arrangements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher flexibility 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.
Assisting In Steps To Recover Unpaid Child Support In Geelong North
We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to enable 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 international airport gate terminal.
Assisting you to modify the Department evaluated child assistance amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based upon a basic formula, but can be altered under different 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 child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other situations also use. The change of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Geelong North Pre-nuptials And Financial Agreements
Monetary agreements (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 basically permits a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a substantial sum of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Geelong North looking for to finalise their obligations 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 settle spousal maintenance obligations.
Family Violence
Family violence (also 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 allegations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger 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.
Many people in Geelong North may now be shocked 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 messages, monitoring their e-mail 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 determined in the Family Court along with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Geelong North.
De facto partners should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.
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