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Visitation Rights Cullen VIC

Visitation Rights Cullen Divorce And Separation Lawyers In Cullen

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marriage ended. The Court is able to give 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 must has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Cullen to be separated but to continue residing in the exact 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 need to show to the Court that they were separated throughout this time.

If there are kids aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct plans have been made for them.

Divorce proceedings are performed totally separately from other proceedings in between the husband and wife and there is no obligation on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.

It is essential to be mindful that procedures 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 challenging to get.

Child Support

You don’t need us to inform you exactly what child assistance is or to get a general idea of what your responsibility (or entitlement) will be.

There is a quick children support 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 determine child support can be a complex and painful minefield. We can assist you with a few of the lower known areas and complexities, and assist you to strategically prepare your child support plans and commitments for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads circumstances.

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

Some areas that Our Family Law Cullen can help you with consist of:

Advising you regarding your options relating to child assistance which might consist of arranging a personal child support arrangement, in either a restricted or binding child support agreement.

Private arrangements provide certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater flexibility 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 remove the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Cullen

We can help in converting the unpaid amount from a Commonwealth debt to a personal debt to enable you to side step the Department and pursue private 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 modify the Department examined child assistance amount to much better match your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be altered under various situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also use. The change of assessment process can be complicated and we can assist in preparing the required documentation and preparing you for the road ahead.

Cullen Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, however they can be useful:

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 arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial amount of money, consisting of the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Cullen 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 permanently settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise referred to as 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 allegations of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual assault) was broadened 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 person and triggers them to fear for their safety or wellbeing.

Many individuals in Cullen might now be shocked to discover 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, monitoring their e-mail account or web 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 determined in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Cullen.

De facto spouses must not fear that they should leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial backing, in very much the same way as a married couple.

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