Divorce And Separation Lawyers In Haven
Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Haven to be separated however to continue living 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 need to prove 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 proper plans have been made for them.
Divorce proceedings are conducted entirely separately from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they should make an application for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to get.
You don’t require us to tell you exactly what child support is or to get a general concept of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with some of the lesser known areas and intricacies, and help you to tactically plan your child support arrangements and responsibilities for the future to guarantee the best possible arrangement is in place given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Haven and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Haven can help you with consist of:
Advising you as to your choices regarding child support which might include organizing a personal child assistance arrangement, in either a limited or binding child support arrangement.
Personal arrangements provide certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Haven
We can help in converting the unsettled amount from a Commonwealth debt to a private debt to enable 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 worldwide airport gate terminal.
Assisting you to modify the Department assessed child assistance amount to better match your individual situations.
Evaluations are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. The modification of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.
Haven Pre-nuptials And Financial Agreements
Monetary arrangements (also 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 private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial sum 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 or life insurance.
For separated couples in Haven looking for to finalise 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 financial agreement can completely settle spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much wider 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 triggers them to fear for their safety or wellbeing.
Many people in Haven might now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance 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 identified in the Family Court along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 Haven.
De facto spouses should not fear that they need to leave 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.