Call Us 1300 241 740

Visitation Rights Doctors Flat VIC

Visitation Rights Doctors Flat Divorce And Separation Lawyers In Doctors Flat

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to give a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This suggests an individual can not request divorce until the parties have been separated for twelve months and one day.

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

Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no responsibility on a party to begin divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

It is necessary to be mindful that proceedings for property settlement and spousal maintenance need to be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to obtain.

Child Support

You don’t require us to tell you exactly what child support is or to get a basic concept of what your responsibility (or entitlement) will be.

There is a quick 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 support can be a complex and painful minefield. We can assist you with a few of the lesser recognized areas and intricacies, and help you to strategically plan your child support arrangements and responsibilities for the future to make sure the best possible plan remains in place offered your and the other moms and dads scenarios.

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

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

Advising you as to your choices concerning child support which may include arranging a private child assistance arrangement, in either a minimal or binding child support agreement.

Personal arrangements provide certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Doctors Flat

We can help 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 debt from a recalcitrant spouse at the global airport gate terminal.

Helping you to change the Department evaluated child assistance amount to better suit your individual circumstances.

Evaluations are prepared by the Department based on a basic formula, however can be altered under different situations (up or down) based on factors such as the expense of maintaining the kid in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The modification of assessment process can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Doctors Flat Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 enables a private agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial sum of money, including the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Doctors Flat looking for to finalise their responsibilities 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 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 claims of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much wider scope of behaviours such as:

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

Lots of people in Doctors Flat 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, monitoring their e-mail account or web 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 together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on a real domestic basis for a minimum of 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 Doctors Flat.

De facto partners should not fear that they need to leave empty handed from a relationship. The Family Law Act makes unique provision for the change of property and financial support, in very much the same way as a couple.

Business Results 1 - 10 of 0

 
 

About: admin2017