Divorce And Separation Lawyers In Hepburn Springs
Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to approve a divorce if there has 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 suggests 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 Hepburn Springs to be separated but to continue residing in the very same house throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they have 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 just grant a divorce if it is satisfied that correct arrangements have been made for them.
Divorce procedures are conducted totally separately from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must apply for a divorce.
It is very important to be aware that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is challenging to get.
You do not need us to inform you exactly what child support is or to get a general idea of what your commitment (or entitlement) will be.
There is a quick 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 compute child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and assist you to tactically plan your child support arrangements and responsibilities for the future to make sure the very best possible arrangement remains in place provided your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Hepburn Springs and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hepburn Springs can assist you with include:
Advising you regarding your options regarding child assistance which may consist of organizing a private child support agreement, in either a limited 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 method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Hepburn Springs
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to enable you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the worldwide airport gate terminal.
Assisting you to modify the Department evaluated child assistance amount to better match your specific situations.
Assessments are prepared by the Department based on a basic formula, however can be modified under different situations (up or down) based upon aspects such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, and so on. Other scenarios also use. The change of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.
Hepburn Springs Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 enables a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.
For separated couples in Hepburn Springs looking for to settle their obligations to each other in the context of spousal maintenance (and in conjunction with a Court ordered agreement as to a property settlement). Unlike court orders in the context of spousal maintenance, a financial agreement can completely settle spousal maintenance responsibilities.
Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much wider 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 triggers them to fear for their safety or wellbeing.
Lots of people in Hepburn Springs might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 Hepburn Springs.
De facto spouses should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial backing, in very much the same way as a couple.