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Visitation Rights Dutson VIC

Visitation Rights Dutson Divorce And Separation Lawyers In Dutson

Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marriage has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This indicates a person can not make an application for divorce till the parties have actually been separated for twelve months and one day.

It is possible for a couple in Dutson to be separated but to continue living in the 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 have to prove to the Court that they were separated during this time.

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

Divorce procedures are performed entirely separately from other proceedings in between the couple and there is no obligation on a party to begin divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they must apply for a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance should be commenced within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is challenging to get.

Child Support

You do not need us to tell you exactly what child assistance is or to get a basic concept of what your commitment (or entitlement) will be.

There is a fast children assistance estimator on the website of the Department of Human Services Child Support (” the Department”) which you can use.

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to strategically plan your child support arrangements and obligations for the future to make sure the very best possible plan is in place given your and the other parents situations.

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

Some areas that Our Family Law Dutson can help you with consist of:

Advising you as to your alternatives relating to child support which may consist of arranging a private child support agreement, in either a limited or binding child assistance arrangement.

Personal agreements supply certainty for both moms and dads for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct financing 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.

Helping In Steps To Recover Unsettled Child Assistance In Dutson

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 litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the international airport gate terminal.

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

Evaluations are prepared by the Department based upon a basic formula, but can be modified under different situations (up or down) based on aspects such as the expense of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also apply. The change of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Dutson Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially 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 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, consisting of the expenses 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 Dutson looking for to settle their obligations 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 monetary agreement can permanently finalise 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 security to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for kids.

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

Many individuals in Dutson may now be surprised to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real 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) are considered to be a legal entity for the purpose of family law Dutson.

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

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