Divorce And Separation Lawyers In Greta South
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage 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 marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Greta South to be separated but to continue living in the very same home throughout 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 kids aged under 18 years of age, a Court will only 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 between the couple and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should apply for a divorce.
It is necessary to be conscious that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is tough to get.
You do not require us to inform you exactly what child assistance is or to get a basic 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 Support (” the Department”) which you can use.
However, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to strategically plan your child support plans and obligations for the future to make sure the best possible arrangement is in place given your and the other moms and dads circumstances.
Our lawyers provides legal advice on visitation rights Greta South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Greta South can help you with include:
Advising you regarding your alternatives concerning child support which might include setting up a private child support agreement, in either a restricted or binding child support agreement.
Private agreements offer certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Greta South
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 steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to change the Department examined child support amount to much better match your individual circumstances.
Assessments are prepared by the Department based upon a standard formula, however can be altered under different circumstances (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other situations also use. The modification of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Greta South Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everybody, 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 generally permits a private agreement to be formalised and precludes the later participation of the Family Court. For that reason 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 Greta South looking for to finalise 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 monetary agreement can completely settle spousal maintenance responsibilities.
Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out 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.
Lots of people in Greta South may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with couples.
Despite 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 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 unit) are considered to be a legal entity for the purpose of family law Greta South.
De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a married couple.