Divorce And Separation Lawyers In Highpoint City
Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage 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 indicates a person can not request divorce up until the parties have been separated for twelve months and one day.
It is possible for a couple in Highpoint City to be separated but to continue living in the exact same home throughout the twelve months, which is called ‘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 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 in between the husband and wife and there is no obligation on a party to start divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they must make an application for a divorce.
It is important to be conscious that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to obtain.
You don’t require us to inform you exactly what child support is or to get a general idea of what your obligation (or entitlement) will be.
There is a fast children support 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 determine child support can be a complex and painful minefield. We can assist you with some of the lower recognized areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to ensure the very best possible arrangement is in place provided your and the other moms and dads circumstances.
Our lawyers provides legal advice on visitation rights Highpoint City and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Highpoint City can help you with include:
Advising you as to your alternatives concerning child support which may consist of arranging a personal child support agreement, in either a limited or binding child assistance agreement.
Private agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher versatility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and eliminate the need to handle the administration of the Department.
Assisting In Steps To Recover Unpaid Child Support In Highpoint City
We can assist 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 litigation through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.
Assisting you to change the Department evaluated child support amount to better suit your individual situations.
Assessments are prepared by the Department based on a standard formula, but can be changed under different situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other circumstances also apply. The modification of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.
Highpoint City Pre-nuptials And Financial Agreements
Monetary arrangements (also known informally 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 allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a considerable amount of money, consisting of the expenses 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 Highpoint City seeking to finalise their responsibilities 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 permanently finalise 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 offer protection to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining 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 wider 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 Highpoint City may now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with couples.
In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 unit) are considered to be a legal entity for the purpose of family law Highpoint City.
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 modification of property and financial support, in very much the same way as a married couple.