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Visitation Rights Dandenong South VIC

Visitation Rights Dandenong South Divorce And Separation Lawyers In Dandenong South

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 is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies an individual can not apply for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Dandenong South to be separated but to continue living in the same house during the twelve months, which is called ‘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 children aged under 18 years of age, a Court will only approve a divorce if it is satisfied that appropriate plans have been made for them.

Divorce proceedings are performed totally individually from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they should apply for a divorce.

It is essential to be aware that procedures for property settlement and spousal maintenance need to 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 do not require us to inform you what child support is or to get a general concept of what your obligation (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and assist you to tactically plan your child support arrangements and responsibilities for the future to guarantee the best possible plan remains in place offered your and the other parents circumstances.

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

Some areas that Our Family Law Dandenong South can help you with include:

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

Personal agreements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher versatility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Dandenong South

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 actions 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 circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other situations also apply. The modification of evaluation process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Dandenong South Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially 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 personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Dandenong South seeking to settle 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 monetary agreement can permanently settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much wider scope of behaviours such as:

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

Many people in Dandenong South might now be shocked to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their e-mail account or internet 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 couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together 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) are considered to be a legal entity for the purpose of family law Dandenong South.

De facto partners 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 backing, in very much the same way as a married couple.

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