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Visitation Rights Cross Roads VIC

Visitation Rights Cross Roads Divorce And Separation Lawyers In Cross Roads

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider 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 marital relationship has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This suggests an individual can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Cross Roads to be separated but 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 show to the Court that they were separated throughout 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 been made for them.

Divorce proceedings are conducted totally separately from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action 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 essential to be conscious that proceedings for property settlement and spousal maintenance must 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 get.

Child Support

You don’t need us to tell you exactly what child support is or to get a basic idea of what your obligation (or entitlement) will be.

There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.

However, 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 lower recognized areas and complexities, and assist you to tactically plan your child support plans and responsibilities for the future to guarantee the best possible arrangement remains in place provided your and the other moms and dads situations.

Our lawyers provides legal advice on visitation rights Cross Roads and all family matters. Call 1300 241 740 now for a consultation.

Some areas that Our Family Law Cross Roads can assist you with include:

Advising you regarding your choices relating to child assistance which may include arranging a private child assistance agreement, in either a limited or binding child assistance agreement.

Private arrangements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater flexibility 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 eliminate the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Cross Roads

We can assist in converting the unpaid amount from a Commonwealth debt to a personal debt to enable 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 worldwide airport gate terminal.

Helping you to modify the Department examined child assistance amount to better match your individual situations.

Evaluations are prepared by the Department based upon a standard formula, however can be changed under different situations (up or down) based upon factors such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, etc. Other circumstances also use. The change of evaluation procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Cross Roads Pre-nuptials And Financial Agreements

Financial 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 permits a private agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a significant amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Cross Roads seeking to finalise 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 monetary agreement can permanently finalise spousal maintenance obligations.

Family Violence

Family violence (also called 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 allegations of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses a much broader scope of behaviours such as:

  •  emotional and psychological abuse
  • economic abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.

Many individuals in Cross Roads may now be shocked to find 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 email 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 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 lived together on a real domestic basis for at least 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 property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Cross Roads.

De facto spouses should not fear that they should leave 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.

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