Divorce And Separation Lawyers In Holmesglen
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 has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least 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 Holmesglen to be separated but to continue residing in the exact same house 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 give a divorce if it is satisfied that proper plans have been made for them.
Divorce procedures are carried out totally individually from other proceedings in between the couple and there is no responsibility on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they must make an application for a divorce.
It is important to be conscious that proceedings for property settlement and spousal maintenance should be commenced 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 need us to inform you exactly what child support is or to get a basic idea of what your commitment (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Support (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and help you to tactically prepare your child support plans and responsibilities for the future to guarantee the best possible arrangement remains in place given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Holmesglen and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Holmesglen can help you with consist of:
Advising you as to your choices concerning child support which may consist of organizing a private child support agreement, 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 continuous 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 deal with the bureaucracy of the Department.
Assisting In Steps To Recover Unpaid Child Support In Holmesglen
We can help in converting the unsettled 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 steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.
Helping you to alter the Department evaluated child support amount to much better suit your individual situations.
Evaluations are prepared by the Department based on a standard formula, but can be altered under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other situations also use. The modification of assessment process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.
Holmesglen Pre-nuptials And Financial Agreements
Financial arrangements (likewise 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 considerable sum of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.
For separated couples in Holmesglen seeking to finalise 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 financial agreement can completely finalise spousal maintenance obligations.
Family violence (also known 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 identifying future parenting arrangements for kids.
The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes 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 person and causes them to fear for their security or wellbeing.
Many people in Holmesglen might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or 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 along with married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real 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 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 Holmesglen.
De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes unique provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.