Divorce And Separation Lawyers In Grassdale
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage 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 marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This implies an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Grassdale to be separated however to continue living in the same home 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 during this time.
If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are conducted completely individually from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must apply for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance must 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 need us to tell you exactly what child support is or to get a basic idea of what your obligation (or entitlement) will be.
There is a quick children assistance estimator on the website 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 assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the very best possible arrangement is in place given your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Grassdale and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Grassdale can help you with consist of:
Advising you regarding your options relating to child support which might include setting up a private child support arrangement, in either a limited or binding child support arrangement.
Private agreements offer certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher flexibility 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 bureaucracy of the Department.
Assisting In Steps To Recover Unsettled Child Support In Grassdale
We can help in converting the unsettled 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 actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to much better suit your specific situations.
Assessments are prepared by the Department based on a standard formula, but can be changed under various situations (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 extra extracurricular expenses), if a child 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 modification of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Grassdale Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everyone, 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 allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Grassdale seeking to settle their obligations 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 commitments.
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, but the Family Court and Federal Circuit Court will take any claims 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 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 triggers them to fear for their security or wellbeing.
Many people in Grassdale may now be surprised 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, monitoring their email account or internet 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 together with 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 Grassdale.
De facto spouses 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 backing, in very much the same way as a couple.