Divorce And Separation Lawyers In Hawthorn West
Australian Law operates on the concept of no-fault divorce. This indicates that a court does rule out why the marital relationship 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 should has been separated for at least twelve months and one day. This means an individual 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 Hawthorn West to be separated but to continue living in the very 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 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 grant a divorce if it is satisfied that proper arrangements have been made for them.
Divorce proceedings are carried out completely individually from other proceedings between the husband and wife and there is no commitment on a party to begin divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must request a divorce.
It is essential to be conscious that proceedings for property settlement and spousal maintenance should 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 hard to get.
You don’t need us to inform you what child assistance is or to get a general concept of what your obligation (or entitlement) will be.
There is a quick children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, 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 lesser known areas and intricacies, and assist you to strategically prepare your child support plans and responsibilities for the future to ensure the best possible plan remains in place offered your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Hawthorn West and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hawthorn West can assist you with include:
Advising you as to your options concerning child support which may consist of organizing a private child support agreement, in either a restricted or binding child assistance agreement.
Private arrangements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct funding 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 Unsettled Child Assistance In Hawthorn West
We can help in converting the unsettled amount from a Commonwealth debt to a personal 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 global airport gate terminal.
Assisting you to alter the Department evaluated child support amount to better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, however can be altered under various situations (up or down) based on aspects such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a child has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other situations also use. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Hawthorn West Pre-nuptials And Financial Agreements
Financial agreements (also known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. Therefore having such an arrangement can save a considerable sum of money, including the expenses 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 Hawthorn West 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 monetary agreement can completely settle spousal maintenance commitments.
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 allegations of domestic violence into consideration when figuring out future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.
Many individuals in Hawthorn West 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 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 alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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) are considered to be a legal entity for the purpose of family law Hawthorn West.
De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial backing, in very much the same way as a couple.