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Visitation Rights Drik Drik VIC

Visitation Rights Drik Drik Divorce And Separation Lawyers In Drik Drik

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 grant 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 needs to has been separated for a minimum of twelve months and one day. This indicates 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 Drik Drik to be separated but to continue living in the exact same home during the twelve months, which is known 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 just grant a divorce if it is satisfied that correct arrangements have actually been made for them.

Divorce procedures are carried out completely individually from other proceedings between the couple and there is no commitment on a party to start divorce proceedings before taking action in relation to other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must make an application for a divorce.

It is necessary to be mindful that proceedings for property settlement and spousal maintenance need to 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 difficult to acquire.

Child Support

You do not require us to inform you what child support is or to get a general idea of what your commitment (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.

However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with a few of the lower known areas and complexities, and help you to strategically plan your child support arrangements and responsibilities for the future to ensure the best possible arrangement remains in place offered your and the other parents situations.

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

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

Advising you as to your alternatives relating to child support which may include organizing a private child assistance agreement, in either a limited or binding child assistance agreement.

Personal agreements offer certainty for both moms and dads for a longer amount of time (no continuous reassessments each year or more), enable greater 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 remove the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Drik Drik

We can help in converting the unpaid amount from a Commonwealth debt to a private 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 unpaid debt from a recalcitrant partner at the international airport gate terminal.

Assisting you to change the Department evaluated child assistance amount to better match your individual situations.

Evaluations are prepared by the Department based upon a standard formula, but can be changed under different situations (up or down) based upon aspects such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a parent is income poor however ‘asset rich’, etc. Other situations also use. The change of assessment procedure can be complicated and we can help in preparing the required documentation and preparing you for the road ahead.

Drik Drik Pre-nuptials And Financial Agreements

Financial agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 basically 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 expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Drik Drik seeking 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 completely finalise spousal maintenance obligations.

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 provide security to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was broadened 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 individual and triggers them to fear for their security or wellbeing.

Lots of people in Drik Drik might now be surprised to find 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 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 actually cohabited on a genuine 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 unit) are thought about to be a legal entity for the purpose of family law Drik Drik.

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

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