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Visitation Rights Dromana VIC

Visitation Rights Dromana Divorce And Separation Lawyers In Dromana

Australian Law operates on the concept of no-fault divorce. This means 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 marriage has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This means an individual can not request divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Dromana to be separated but to continue residing in the exact same home throughout 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 children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that correct arrangements have been made for them.

Divorce proceedings are carried out completely separately from other proceedings between the husband and wife and there is no obligation on a party to start divorce proceedings prior to 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 should apply for a divorce.

It is necessary to be aware that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to get.

Child Support

You don’t need us to tell you exactly what child support is or to get a basic idea of what your obligation (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 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 help you to tactically prepare your child support plans and commitments for the future to ensure the best possible arrangement remains in place offered your and the other parents scenarios.

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

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

Advising you as to your alternatives regarding child assistance which might include organizing a private child assistance arrangement, in either a limited or binding child assistance agreement.

Personal arrangements supply certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable greater versatility in the method of payment (direct funding 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 administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Dromana

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 actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.

Assisting you to modify the Department evaluated child assistance amount to better suit your individual situations.

Assessments are prepared by the Department based upon a basic formula, but can be altered under various circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a moms and dad is earnings poor however ‘asset rich’, etc. Other situations also use. The change of evaluation procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Dromana Pre-nuptials And Financial Agreements

Monetary arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 generally enables a personal arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an agreement can save a considerable amount of money, including the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Dromana seeking to settle their obligations 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 called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now incorporates 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 safety or wellbeing.

Many people in Dromana may 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, monitoring their email 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 determined in the Family Court alongside married couples.

Regardless 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 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 Dromana.

De facto partners must not fear that they need to walk away 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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