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Visitation Rights Diamond Creek VIC

Visitation Rights Diamond Creek Divorce And Separation Lawyers In Diamond Creek

Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates a person 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 Diamond Creek to be separated but to continue living in the exact same house during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they have to prove 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 proper plans have been made for them.

Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should make an application for a divorce.

It is essential 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 duration with the approval of the Court, and this is tough to get.

Child Support

You do not need us to inform you exactly what child support is or to get a basic concept 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 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 help you with a few of the lower known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to make sure the very best possible arrangement remains in place given your and the other parents situations.

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

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

Advising you regarding your options relating to child support which may include setting up a personal child support arrangement, in either a limited or binding child support agreement.

Private agreements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Diamond Creek

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 lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.

Assisting you to alter the Department assessed child support amount to better suit your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, but can be modified under various circumstances (up or down) based on aspects such as the cost 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 but ‘asset rich’, and so on. Other scenarios also use. The modification of evaluation process can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Diamond Creek Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everybody, 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 permits a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Diamond Creek 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 completely finalise spousal maintenance obligations.

Family Violence

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

The traditional definition of domestic violence (physical and sexual assault) was expanded 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 triggers them to fear for their security or wellbeing.

Lots of people in Diamond Creek may now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes 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 identified in the Family Court together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Diamond Creek.

De facto spouses must not fear that they must 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 couple.

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