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Visitation Rights Dobie VIC

Visitation Rights Dobie Divorce And Separation Lawyers In Dobie

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court has the ability to give a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests a person can not apply for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Dobie to be separated however to continue living in the very same house during the twelve months, which is called ‘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 kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper arrangements have been made for them.

Divorce proceedings are performed completely individually from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they should request a divorce.

It is very important to be aware that proceedings for property settlement and spousal maintenance must 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 difficult to get.

Child Support

You don’t need us to tell you what child assistance is or to get a basic concept of what your commitment (or entitlement) will be.

There is a quick children assistance 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 assist you with a few of the lower known areas and intricacies, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the very best possible plan is in place given your and the other moms and dads circumstances.

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

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

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

Private arrangements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct funding 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 deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Dobie

We can assist in converting the unsettled amount from a Commonwealth debt to a private 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 spouse at the international airport gate terminal.

Assisting you to modify the Department examined child assistance amount to much better match your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be changed under different situations (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a moms and dad is income poor but ‘asset rich’, etc. Other situations also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Dobie Pre-nuptials And Financial Agreements

Financial agreements (likewise 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 essentially enables a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the costs associated 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 Dobie 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 finalise spousal maintenance commitments.

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 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 kids.

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

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

Many individuals in Dobie might now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their email account or internet 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 together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine domestic basis for a minimum of 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Dobie.

De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a couple.

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