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Visitation Rights Dingley Village VIC

Visitation Rights Dingley Village Divorce And Separation Lawyers In Dingley Village

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court has the ability to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This suggests a person 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 Dingley Village to be separated but to continue living in the exact same home throughout 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 kids aged under 18 years of age, a Court will only grant a divorce if it is satisfied that appropriate plans have actually been made for them.

Divorce procedures are conducted completely individually from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

It is very important to be conscious that proceedings for property settlement and spousal maintenance must be commenced 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 idea of what your obligation (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.

Nevertheless, the child support system and the formula used to calculate child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and intricacies, and help you to tactically plan your child support plans and obligations for the future to ensure the best possible arrangement is in place given your and the other parents circumstances.

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

Some areas that Our Family Law Dingley Village can assist you with include:

Advising you regarding your alternatives relating to child assistance which may consist of setting up a private child assistance agreement, in either a restricted or binding child support arrangement.

Personal agreements offer certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Dingley Village

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

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

Assessments are prepared by the Department based on a basic formula, however can be modified under various circumstances (up or down) based upon aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Dingley Village Pre-nuptials And Financial Agreements

Financial arrangements (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 allows a personal agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a considerable sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Dingley Village looking for 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 financial agreement can permanently finalise spousal maintenance commitments.

Family Violence

Family violence (also 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 accusations of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates 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 triggers them to fear for their safety or wellbeing.

Many individuals in Dingley Village might now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or 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 residential or commercial property settlement and spousal maintenance identified in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 thought about to be a legal entity for the purpose of family law Dingley Village.

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 couple.

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