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Visitation Rights Doncaster Heights VIC

Visitation Rights Doncaster Heights Divorce And Separation Lawyers In Doncaster Heights

Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship 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 apply for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Doncaster Heights to be separated but to continue living in the 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 show to the Court that they were separated during this time.

If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate arrangements have been made for them.

Divorce procedures are performed totally individually from other proceedings in between the couple and there is no obligation on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they must request a divorce.

It is very important to be aware that procedures for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to acquire.

Child Support

You do not need us to inform you what child assistance is or to get a general idea 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 compute child support can be a complex and painful minefield. We can help you with some of the lesser recognized areas and complexities, and assist you to strategically plan your child support plans and obligations for the future to make sure the very best possible arrangement is in place provided your and the other moms and dads situations.

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

Some areas that Our Family Law Doncaster Heights can assist you with consist of:

Advising you as to your options regarding child support which may include arranging a private child assistance arrangement, in either a limited or binding child support agreement.

Personal arrangements provide certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable higher flexibility 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 remove the need to handle the administration of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Doncaster Heights

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

Assisting you to change the Department assessed child assistance amount to much better suit your individual circumstances.

Evaluations are prepared by the Department based upon a standard formula, however can be modified under various situations (up or down) based upon aspects such as the cost of maintaining the child in the way the parents planned (e.g.: private education or extra extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Doncaster Heights Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially 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 essentially allows a private arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a significant amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Doncaster Heights seeking to settle their commitments 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 completely settle spousal maintenance obligations.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide protection to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when identifying 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 broader 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 triggers them to fear for their safety or wellbeing.

Many people in Doncaster Heights may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, 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 determined in the Family Court alongside 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 residential or commercial 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 Doncaster Heights.

De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the change of residential or commercial property and financial support, in very much the same way as a married couple.

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