Divorce And Separation Lawyers In Heathcote South
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Heathcote South to be separated however to continue residing in the very same house during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they have to show to the Court that they were separated during this time.
If there are children aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper arrangements have actually been made for them.
Divorce proceedings are carried out entirely separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must apply for a divorce.
It is very important to be mindful that proceedings for property settlement and spousal maintenance must 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 hard to acquire.
You do not need us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a quick children assistance 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 calculate child assistance can be a complex and painful minefield. We can help you with a few of the lower recognized areas and complexities, and assist you to strategically prepare your child support plans and responsibilities for the future to ensure the best possible arrangement is in place provided your and the other parents situations.
Our lawyers provides legal advice on visitation rights Heathcote South and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Heathcote South can help you with include:
Advising you regarding your alternatives concerning child support which might include arranging a private child support agreement, in either a minimal or binding child assistance arrangement.
Personal agreements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater 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 remove the need to deal with the administration of the Department.
Assisting In Steps To Recover Unsettled Child Support In Heathcote South
We can help in converting the unpaid amount from a Commonwealth debt to a personal 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 debt from a recalcitrant partner at the international airport gate terminal.
Assisting you to modify the Department assessed child support amount to better suit your individual circumstances.
Assessments are prepared by the Department based on a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other situations also apply. The change of assessment process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Heathcote South 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 generally allows a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, consisting of the expenses associated 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 Heathcote South 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 permanently settle spousal maintenance responsibilities.
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 protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.
The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 triggers them to fear for their security or wellbeing.
Lots of people in Heathcote South might now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their email account or 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 identified in the Family Court together with married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 Heathcote South.
De facto spouses must not fear that they need to leave 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 couple.