Divorce And Separation Lawyers In Gong Gong
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means an individual can not request divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Gong Gong to be separated but to continue residing in the 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 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 correct arrangements have actually been made for them.
Divorce proceedings are performed totally separately from other proceedings in between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must make an application for a divorce.
It is important to be aware that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is difficult to get.
You don’t need us to inform you exactly what child assistance is or to get a basic idea of what your obligation (or entitlement) will be.
There is a fast children support estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and intricacies, and assist you to tactically plan your child support plans and commitments for the future to ensure the best possible plan remains in place given your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Gong Gong and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Gong Gong can help you with include:
Advising you regarding your alternatives regarding child support which may include arranging a private child assistance arrangement, in either a limited or binding child support agreement.
Private arrangements provide certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs 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 Gong Gong
We can assist in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue personal recovery lawsuits 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 support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based on a standard formula, however can be changed under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a parent is earnings poor but ‘asset rich’, and so on. Other situations also apply. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Gong Gong Pre-nuptials And Financial Agreements
Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 allows a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.
For separated couples in Gong Gong looking for to finalise their responsibilities 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 responsibilities.
Family violence (likewise referred to 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, however 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 abuse) was widened in late 2012 and now includes a much wider 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 safety or wellbeing.
Many individuals in Gong Gong might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail 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 identified in the Family Court alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine domestic basis for a minimum of 2 years (or less if they have a child, 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 unit) are thought about to be a legal entity for the purpose of family law Gong Gong.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of residential or commercial property and financial support, in very much the same way as a couple.