Divorce And Separation Lawyers In Hazelwood North
Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court has the ability to give a divorce if there has actually 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 an individual can not request divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Hazelwood North to be separated however to continue living in the 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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that proper arrangements have been made for them.
Divorce procedures are conducted entirely individually from other proceedings in between the couple and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.
It is very important to be aware that procedures for property settlement and spousal maintenance should be begun 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 obtain.
You don’t require us to tell you exactly what child assistance is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick children assistance estimator on the site 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 assistance can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and complexities, and assist you to tactically plan your child support plans and responsibilities for the future to guarantee the best possible arrangement remains in place given your and the other moms and dads circumstances.
Our lawyers provides legal advice on visitation rights Hazelwood North and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hazelwood North can assist you with include:
Advising you regarding your options relating to child support which may include setting up a private child assistance arrangement, in either a restricted or binding child assistance agreement.
Personal arrangements provide certainty for both parents for a longer amount of time (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct funding 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 handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Hazelwood North
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 lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.
Helping you to alter the Department assessed child assistance amount to much better suit your individual situations.
Assessments are prepared by the Department based upon a standard formula, however can be altered under different situations (up or down) based on aspects such as the cost of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, and so on. Other situations also use. The change of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Hazelwood North Pre-nuptials And Financial Agreements
Monetary agreements (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 basically permits a personal agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Hazelwood North seeking to settle their commitments 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 permanently finalise spousal maintenance commitments.
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 protection 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 abuse) was widened 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 individual and causes them to fear for their safety or wellbeing.
Many people in Hazelwood North might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail 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 property settlement and spousal maintenance identified in the Family Court along with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for at least 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 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 Hazelwood North.
De facto partners 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 backing, in very much the same way as a married couple.