Divorce And Separation Lawyers In Golden Square
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to grant 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 needs to has been separated for at least twelve months and one day. This implies a person can not make an application for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Golden Square to be separated but to continue residing in the exact same house during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need 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 only approve a divorce if it is satisfied that proper plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they need to request a divorce.
It is necessary to be mindful that procedures for property settlement and spousal maintenance need to 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 challenging to get.
You do not require us to inform you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.
There is a quick children support 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 calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and help you to strategically prepare your child support arrangements and responsibilities for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Golden Square and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Golden Square can help you with include:
Advising you regarding your options concerning child assistance which may consist of setting up a private child support arrangement, in either a restricted or binding child support agreement.
Private agreements offer certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable greater flexibility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Golden Square
We can help 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 actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to change the Department examined child support amount to better suit your specific circumstances.
Assessments are prepared by the Department based upon a basic formula, but can be modified under various situations (up or down) based on 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 additional health or medical needs, if a parent is income poor however ‘asset rich’, and so on. Other circumstances also apply. 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.
Golden Square Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially 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 permits a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Golden Square 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 monetary agreement can permanently finalise spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened 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 person and causes them to fear for their security or wellbeing.
Many individuals in Golden Square may now be shocked 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 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 couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited 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 Golden Square.
De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a couple.