Divorce And Separation Lawyers In Hollands Landing
Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to grant 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 needs to has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Hollands Landing to be separated but to continue residing in the 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 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 correct arrangements have actually been made for them.
Divorce proceedings are performed completely individually from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they need to apply for a divorce.
It is necessary to be conscious that procedures for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is difficult to acquire.
You do not require us to tell you what child support is or to get a general concept of what your obligation (or entitlement) will be.
There is a fast children assistance 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 assistance can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and help you to tactically plan your child support plans and responsibilities for the future to make sure the best possible plan remains in place provided your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Hollands Landing and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hollands Landing can help you with consist of:
Advising you as to your options concerning child support which might include organizing a private child support arrangement, in either a limited or binding child assistance agreement.
Private agreements supply certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher versatility 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 eliminate the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Assistance In Hollands Landing
We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.
Assisting you to change the Department examined child support amount to much better suit your specific situations.
Evaluations are prepared by the Department based upon a standard formula, however can be modified under various circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other scenarios also apply. The change of assessment process can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.
Hollands Landing Pre-nuptials And Financial Agreements
Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be beneficial:
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 prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, consisting of the costs associated 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 Hollands Landing looking for to settle 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 completely 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 offer security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.
The traditional definition of domestic violence (physical and sexual abuse) was widened in late 2012 and now encompasses a much larger scope of behaviours such as:
- emotional and psychological abuse
- financial abuse
- threatening behaviour
- behaviour which is coercive
- behaviour which controls or dominates another individual and triggers them to fear for their security or wellbeing.
Many individuals in Hollands Landing might now be shocked to discover that domestic violence orders can be made if a person 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 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 determined in the Family Court together with married couples.
Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for a minimum of 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) are considered to be a legal entity for the purpose of family law Hollands Landing.
De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial support, in very much the same way as a married couple.