Divorce And Separation Lawyers In Glen Iris
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marriage. 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 means a person 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 Glen Iris to be separated however to continue residing in the same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have to prove to the Court that they were separated throughout this time.
If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before taking action 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 important to be mindful that procedures for property settlement and spousal maintenance need to 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 get.
You do not need us to inform you exactly what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the website 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 support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and help you to tactically prepare your child support arrangements and obligations for the future to make sure the very best possible plan remains in place given your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Glen Iris and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Glen Iris can help you with consist of:
Advising you regarding your alternatives relating to child assistance which might include arranging a private child support agreement, in either a minimal or binding child assistance agreement.
Private arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater versatility 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 deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Glen Iris
We can help 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 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 alter the Department examined child assistance amount to better match your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be altered under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other scenarios also use. The change of evaluation process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.
Glen Iris Pre-nuptials And Financial Agreements
Monetary agreements (also known informally as ‘pre-nups’) are not for everybody, however 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 personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the expenses connected 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 Glen Iris looking for 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 financial agreement can permanently finalise spousal maintenance responsibilities.
Family violence (also referred to 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 accusations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes 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 person and triggers them to fear for their safety or wellbeing.
Many people in Glen Iris may now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 determined in the Family Court together with couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 unit) are considered to be a legal entity for the purpose of family law Glen Iris.
De facto partners must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.