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Visitation Rights Dandenong VIC

Visitation Rights Dandenong Divorce And Separation Lawyers In Dandenong

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to give 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 needs to has been separated for a minimum of twelve months and one day. This implies a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Dandenong to be separated however to continue residing in the exact 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 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 just approve a divorce if it is satisfied that appropriate arrangements have been made for them.

Divorce proceedings are carried out entirely separately from other proceedings between the husband and wife and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to make an application for a divorce.

It is important to be conscious that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can only be made after this period 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 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.

However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and intricacies, and help you to tactically plan your child support arrangements and obligations for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads situations.

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

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

Advising you as to your alternatives concerning child assistance which might include setting up a personal child assistance arrangement, in either a minimal or binding child assistance agreement.

Private arrangements offer 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 expenses in part or in lieu), and remove the need to deal with the administration of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Dandenong

We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Assisting you to modify the Department assessed child support amount to much better match your individual circumstances.

Assessments are prepared by the Department based upon a basic formula, but can be changed under different situations (up or down) based upon aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also use. The modification of assessment process can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Dandenong Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 basically permits a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an agreement can save a significant sum of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Dandenong looking for 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 completely finalise spousal maintenance commitments.

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 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 meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes a much broader 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 causes them to fear for their safety or wellbeing.

Many people in Dandenong might 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 messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside married couples.

In spite of 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 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 considered to be a legal entity for the purpose of family law Dandenong.

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

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