Divorce And Separation Lawyers In Greta West
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marriage 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 actually 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 till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Greta West to be separated however to continue living in the exact same house throughout 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 throughout this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce procedures are performed entirely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they must request a divorce.
It is essential to be mindful that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to get.
You do not need us to tell you exactly what child assistance is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast children support 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 determine child assistance can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to make sure the very best possible arrangement remains in place provided your and the other parents situations.
Our lawyers provides legal advice on visitation rights Greta West and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Greta West can help you with consist of:
Advising you as to your choices concerning child support which might consist of arranging a personal child support agreement, in either a restricted or binding child assistance agreement.
Personal agreements supply certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher versatility 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 get rid of the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Greta West
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 personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.
Helping you to change the Department assessed child assistance amount to much better suit your individual circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be changed under various situations (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other situations also use. The modification of assessment process can be made complex and we can help in preparing the required documentation and preparing you for the road ahead.
Greta West Pre-nuptials And Financial Agreements
Financial arrangements (likewise 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 essentially allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a considerable amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Greta West seeking to finalise their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement regarding a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance commitments.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 security or wellbeing.
Many individuals in Greta West may now be shocked to discover 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 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 alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic domestic basis for at least 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 residential or commercial 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 West.
De facto partners should not fear that they should walk away empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial backing, in very much the same way as a couple.