Divorce And Separation Lawyers In Glenaire
Australian Law operates on the concept of no-fault divorce. This implies 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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means an individual 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 Glenaire to be separated but to continue living in the exact same house throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper arrangements have been made for them.
Divorce proceedings are carried out entirely separately from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marital relationship 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 should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to get.
You do not require us to tell you what child support is or to get a basic concept 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 Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and intricacies, and assist you to tactically prepare your child support plans and obligations for the future to ensure the best possible plan is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Glenaire and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Glenaire can help you with include:
Advising you as to your alternatives concerning child support which may consist of setting up a private child support agreement, in either a restricted or binding child support arrangement.
Personal arrangements provide certainty for both parents for a longer amount of time (no continuous 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 costs in part or in lieu), and eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Glenaire
We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.
Helping you to change the Department assessed child assistance amount to much better suit your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be altered under various situations (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other scenarios also use. The change of evaluation process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Glenaire Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially 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 private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a substantial amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.
For separated couples in Glenaire seeking to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a monetary agreement can completely settle spousal maintenance responsibilities.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes a much wider 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 security or wellbeing.
Lots of people in Glenaire may now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring 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 residential or commercial property settlement and spousal maintenance determined in the Family Court along with couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for a minimum of 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 thought about to be a legal entity for the purpose of family law Glenaire.
De facto partners should not fear that they should 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 married couple.