Divorce And Separation Lawyers In Goulburn Weir
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This indicates a person can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Goulburn Weir to be separated however 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 have to show to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce proceedings are conducted completely separately from other proceedings in between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must make an application for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance need to be started 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 obtain.
You don’t need us to tell you exactly what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a quick children assistance 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 lower recognized areas and complexities, and assist you to strategically prepare your child support arrangements and obligations for the future to make sure the best possible arrangement remains in place given your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Goulburn Weir and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Goulburn Weir can assist you with include:
Advising you as to your options relating to child support which may include organizing a personal child assistance agreement, in either a restricted or binding child assistance arrangement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Goulburn Weir
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 private recovery litigation through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to alter the Department examined child assistance amount to better suit your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, but can be modified under different situations (up or down) based on factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Goulburn Weir Pre-nuptials And Financial Agreements
Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, however 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 essentially permits a private arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement 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 with income protection insurance coverage or life insurance.
For separated couples in Goulburn Weir seeking to settle 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 commitments.
Family violence (also known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was expanded in late 2012 and now encompasses 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 individual and causes them to fear for their security or wellbeing.
Lots of people in Goulburn Weir may now be shocked to find 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 messages, monitoring their email account or internet 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 property settlement and spousal maintenance identified in the Family Court alongside couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 considered to be a legal entity for the purpose of family law Goulburn Weir.
De facto partners must not fear that they should walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a married couple.