Divorce And Separation Lawyers In Hopetoun Park
Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This indicates an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.
It is possible for a couple in Hopetoun Park to be separated however to continue living in the same home during the twelve months, which is known 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 children aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate arrangements have actually been made for them.
Divorce proceedings are carried out completely individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they must apply for a divorce.
It is essential to be aware that proceedings for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to obtain.
You don’t need us to tell you exactly what child support is or to get a general concept of what your responsibility (or entitlement) will be.
There is a fast children assistance estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.
Nevertheless, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with some of the lesser recognized 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 given your and the other parents scenarios.
Our lawyers provides legal advice on visitation rights Hopetoun Park and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hopetoun Park can assist you with include:
Advising you as to your choices concerning child support which might include organizing a personal child support arrangement, in either a restricted or binding child assistance arrangement.
Private agreements offer certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater flexibility 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.
Helping In Steps To Recover Unpaid Child Support In Hopetoun Park
We can help in converting the unsettled 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 spouse at the international airport gate terminal.
Assisting you to alter the Department examined child support amount to better suit your specific situations.
Evaluations are prepared by the Department based upon a basic formula, but can be altered under various circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also use. The modification of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.
Hopetoun Park Pre-nuptials And Financial Agreements
Financial agreements (also known informally as ‘pre-nups’) are not for everybody, however 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 generally enables a private agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an agreement can save a significant amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.
For separated couples in Hopetoun Park 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 monetary agreement can completely finalise spousal maintenance commitments.
Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining 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 individual and triggers them to fear for their security or wellbeing.
Many individuals in Hopetoun Park may now be surprised to discover 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, 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 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 property of the other or the welfare of the family unit) are thought about to be a legal entity for the purpose of family law Hopetoun Park.
De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.