Divorce And Separation Lawyers In Hepburn
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce till the parties have actually been separated for twelve months and one day.
It is possible for a couple in Hepburn to be separated but to continue living in the very same house during the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to show to the Court that they were separated during this time.
If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that appropriate plans have been made for them.
Divorce proceedings are performed entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is necessary to be aware that procedures for property settlement and spousal maintenance need to 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 hard to get.
You don’t require us to tell you exactly what child assistance is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast children assistance 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 determine child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to guarantee the very best possible arrangement is in place provided your and the other moms and dads situations.
Our lawyers provides legal advice on visitation rights Hepburn and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hepburn can help you with consist of:
Advising you regarding your choices concerning child support which might include arranging a private child support agreement, in either a limited or binding child assistance arrangement.
Personal agreements offer certainty for both moms and dads for a longer amount of time (no continuous 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 handle the administration of the Department.
Helping In Steps To Recover Unsettled Child Assistance In Hepburn
We can help in converting the unpaid 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 international airport gate terminal.
Assisting you to alter the Department examined 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 circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the moms and dads planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.
Hepburn Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 private arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a significant sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.
For separated couples in Hepburn seeking to finalise 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 obligations.
Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition 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 safety or wellbeing.
Many people in Hepburn may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, 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.
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 unit) are thought about to be a legal entity for the purpose of family law Hepburn.
De facto partners should not fear that they should walk away 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 married couple.