Divorce And Separation Lawyers In Harmers Haven
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to approve 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 should has been separated for at least twelve months and one day. This means a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Harmers Haven to be separated but to continue residing in the exact same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need 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 only approve a divorce if it is satisfied that correct arrangements have actually been made for them.
Divorce procedures are conducted completely separately from other proceedings in between the couple and there is no obligation on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance must 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 acquire.
You don’t require us to tell you exactly what child support is or to get a general idea of what your responsibility (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 calculate child assistance can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and help you to strategically prepare your child support arrangements and obligations for the future to ensure the best possible arrangement is in place given your and the other moms and dads circumstances.
Our lawyers provides legal advice on visitation rights Harmers Haven and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Harmers Haven can assist you with include:
Advising you as to your alternatives regarding child assistance which might include organizing a private child assistance agreement, in either a limited or binding child assistance agreement.
Personal agreements offer certainty for both moms and dads for a longer time period (no continual 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 eliminate the need to handle the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Harmers Haven
We can assist 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 litigation through the Court or more serious actions such as recovering the debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to change the Department examined child support amount to better suit your specific situations.
Evaluations are prepared by the Department based on a basic formula, however can be altered under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other situations also use. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Harmers Haven Pre-nuptials And Financial Agreements
Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, however they can be helpful:
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 participation of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Harmers Haven seeking to settle their responsibilities 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 monetary agreement can completely settle spousal maintenance obligations.
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 provide security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional meaning of domestic violence (physical and sexual assault) 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 person and causes them to fear for their security or wellbeing.
Many individuals in Harmers Haven might 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 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 determined in the Family Court together with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Harmers Haven.
De facto spouses must not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the modification of residential or commercial property and financial support, in very much the same way as a married couple.