Divorce And Separation Lawyers In Highett
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 marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means an individual can not apply for divorce till the parties have been separated for twelve months and one day.
It is possible for a couple in Highett to be separated however to continue living in the very same home throughout the twelve months, which is called ‘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 during this time.
If there are kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that correct plans have actually been made for them.
Divorce procedures are carried out entirely separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings before taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.
It is important to be aware that proceedings for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.
You do not require us to tell you what child support is or to get a general idea of what your responsibility (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 determine child support 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 obligations for the future to ensure the very best possible arrangement remains in place given your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Highett and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Highett can help you with include:
Advising you regarding your options regarding child support which may include arranging a personal child assistance agreement, in either a limited or binding child assistance arrangement.
Personal arrangements supply certainty for both moms and dads for a longer period 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 costs in part or in lieu), and get rid of the need to deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Highett
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 personal recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.
Helping you to change the Department assessed child assistance amount to much better match your individual circumstances.
Assessments are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based on factors such as the cost of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other situations also apply. The change of evaluation process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Highett Pre-nuptials And Financial Agreements
Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be useful:
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 allows a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Highett 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 permanently settle spousal maintenance obligations.
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 security 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 children.
The traditional meaning 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
- 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.
Lots of people in Highett 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 web 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 alongside married couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for a minimum of 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Highett.
De facto spouses should not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of property and financial support, in very much the same way as a couple.