Divorce And Separation Lawyers In Hurstbridge
Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship 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 actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This implies an individual can not apply for divorce until the parties have been separated for twelve months and one day.
It is possible for a couple in Hurstbridge to be separated however to continue living in the same home throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.
If there are kids aged under 18 years of age, a Court will only give a divorce if it is satisfied that appropriate plans have actually been made for them.
Divorce procedures are performed completely individually from other proceedings between the husband and wife and there is no responsibility on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they need to make an application for a divorce.
It is important to be aware 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 challenging to acquire.
You do not require us to tell you what child assistance is or to get a basic concept of what your obligation (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 assist you with a few of the lower recognized areas and complexities, and help you to tactically plan your child support plans and obligations for the future to make sure the very best possible arrangement is in place offered your and the other parents circumstances.
Our lawyers provides legal advice on visitation rights Hurstbridge and all family matters. Call 1300 241 740 now for a consultation.
Some areas that Our Family Law Hurstbridge can assist you with consist of:
Advising you as to your alternatives concerning child support which might consist of setting up a personal child assistance agreement, in either a limited or binding child assistance arrangement.
Personal agreements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to deal with the bureaucracy of the Department.
Helping In Steps To Recover Unpaid Child Support In Hurstbridge
We can assist in converting the unpaid 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 spouse at the international airport gate terminal.
Helping you to modify the Department assessed child assistance amount to better suit your individual situations.
Assessments are prepared by the Department based upon a standard formula, but can be modified under different circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other circumstances also apply. The change of assessment process can be made complex and we can help in preparing the required documents and preparing you for the road ahead.
Hurstbridge Pre-nuptials And Financial Agreements
Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everyone, however 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 generally allows a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a considerable amount of money, including the expenses 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 Hurstbridge seeking to settle their commitments 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 called domestic violence) is taken very seriously by the Courts, not only 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 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 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 triggers them to fear for their security or wellbeing.
Many people in Hurstbridge may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or web 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 property settlement and spousal maintenance determined in the Family Court alongside married couples.
Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 unit) are thought about to be a legal entity for the purpose of family law Hurstbridge.
De facto partners must not fear that they should 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 couple.