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Visitation Rights Dockers Plains VIC

Visitation Rights Dockers Plains Divorce And Separation Lawyers In Dockers Plains

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for at least twelve months and one day. This means an individual can not apply for divorce until the parties have been separated for twelve months and one day.

It is possible for a couple in Dockers Plains to be separated but to continue living in the same house throughout the twelve months, which is referred to as ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated throughout this time.

If there are children aged under 18 years of age, a Court will only grant a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are conducted totally individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should make an application for a divorce.

It is important to be aware that procedures for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to get.

Child Support

You do not need us to tell you what child assistance is or to get a basic 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 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 complexities, and help you to tactically prepare your child support plans and responsibilities for the future to make sure the best possible arrangement remains in place given your and the other moms and dads circumstances.

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

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

Advising you as to your options regarding child assistance which might consist of setting up a personal child assistance agreement, in either a restricted or binding child support agreement.

Personal arrangements 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 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 bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Dockers Plains

We can help in converting the unpaid 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 unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Assisting you to modify the Department evaluated child support amount to much better match your specific situations.

Assessments are prepared by the Department based on a basic formula, however can be changed under different circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a moms and dad is earnings poor however ‘asset rich’, and so on. Other situations also use. The change of assessment procedure can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Dockers Plains Pre-nuptials And Financial Agreements

Financial agreements (also known informally 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 allows a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement 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 to earnings protection insurance coverage or life insurance.

For separated couples in Dockers Plains looking for to settle 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 monetary agreement can completely settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes a much larger 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 security or wellbeing.

Many people in Dockers Plains might now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring of the other such as reading their text, monitoring their email 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 along with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Dockers Plains.

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

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