Divorce And Separation Lawyers In Hillside
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means an individual can not request divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Hillside to be separated however to continue living in the same home during 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 during this time.
If there are kids aged under 18 years of age, a Court will just give a divorce if it is satisfied that correct plans have been made for them.
Divorce procedures are performed totally separately from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to apply for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance should 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 challenging to obtain.
You do not require us to inform you what child support is or to get a general concept 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 some of the lesser recognized areas and complexities, and assist you to tactically prepare your child support arrangements and obligations for the future to ensure the very best possible arrangement remains in place provided your and the other moms and dads scenarios.
Our lawyers provides legal advice on visitation rights Hillside and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hillside can help you with consist of:
Advising you regarding your alternatives regarding child support which may consist of organizing a personal child support arrangement, in either a restricted or binding child support agreement.
Personal arrangements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater versatility in the method 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 deal with the administration of the Department.
Assisting In Steps To Recover Unpaid Child Assistance In Hillside
We can assist in converting the unpaid amount from a Commonwealth debt to a private 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 worldwide airport gate terminal.
Assisting you to alter the Department evaluated child support amount to much better suit your specific circumstances.
Evaluations are prepared by the Department based on a basic formula, but can be modified under various situations (up or down) based on factors such as the cost of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Hillside Pre-nuptials And Financial Agreements
Monetary 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 essentially enables a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.
For separated couples in Hillside looking for to settle their obligations 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 just are orders available (in the Magistrates Court) to provide protection 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 meaning 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 security or wellbeing.
Many people in Hillside may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email 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 together with married couples.
Despite 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 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 thought about to be a legal entity for the purpose of family law Hillside.
De facto spouses should not fear that they need to walk away empty handed from a relationship. The Family Law Act makes unique provision for the adjustment of property and financial support, in very much the same way as a married couple.