Divorce And Separation Lawyers In Glenmore
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court is able to approve 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 a minimum of twelve months and one day. This implies an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Glenmore to be separated however to continue residing in the exact same house during the twelve months, which is known as ‘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 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 been made for them.
Divorce proceedings are performed completely separately from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should request a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.
You do not need us to inform you exactly 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 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 compute child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to guarantee the very best possible arrangement remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Glenmore and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Glenmore can help you with include:
Advising you as to your options concerning child support which might include arranging a private child assistance agreement, in either a limited or binding child support arrangement.
Private arrangements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the administration of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Glenmore
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 litigation through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the global airport gate terminal.
Helping you to modify the Department assessed child assistance amount to better match your individual circumstances.
Evaluations are prepared by the Department based upon a standard formula, but can be altered under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also use. The change of evaluation process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Glenmore Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless 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 generally allows a private arrangement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.
For separated couples in Glenmore looking for to finalise 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 obligations.
Family violence (also referred to 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, 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 meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses a much broader scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their security or wellbeing.
Many people in Glenmore might now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes 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 determined in the Family Court alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 considered to be a legal entity for the purpose of family law Glenmore.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a couple.