Call Us 1300 241 740

Visitation Rights East Melbourne VIC

Visitation Rights East Melbourne Divorce And Separation Lawyers In East Melbourne

Australian Law operates on the concept of no-fault divorce. This implies that a court does rule out why the marital relationship ended. The Court has the ability 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 actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in East Melbourne to be separated but to continue residing in the very 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 show to the Court that they were separated during this time.

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

Divorce procedures are conducted completely separately from other proceedings in between the husband and wife and there is no responsibility on a party to start divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they should make an application for a divorce.

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

Child Support

You don’t need us to inform you exactly what child support is or to get a general concept of what your obligation (or entitlement) will be.

There is a quick children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with some of the lower known areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to ensure the best possible arrangement remains in place offered your and the other moms and dads scenarios.

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

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

Advising you as to your options concerning child support which may consist of setting up a private child support arrangement, in either a minimal or binding child support arrangement.

Personal arrangements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher flexibility in the method 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 bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In East Melbourne

We can help in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.

Assisting you to change the Department evaluated child support amount to much better suit your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be altered under various circumstances (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 kid has additional health or medical requirements, if a moms and dad is income poor but ‘asset rich’, etc. Other scenarios also apply. The modification of evaluation procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

East Melbourne Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, nevertheless 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 generally permits a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a substantial amount of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in East Melbourne looking for to finalise their responsibilities 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 finalise spousal maintenance commitments.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much wider 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 causes them to fear for their security or wellbeing.

Lots of people in East Melbourne may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text messages, monitoring their email account or 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 identified in the Family Court alongside couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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 East Melbourne.

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

Business Results 1 - 10 of 8

Pentana Stanton Lawyers
1 Reviews
Phone:
Level 9, 124 Exhibition St, Melbourne Victoria 3000, Australia
ELLINGHAUS WEILL LAWYERS & CONSULTANTS
1 Reviews
Phone:
79 - 81 Franklin Street, Melbourne VIC 3000, Melbourne Victoria 3000, Australia
Berger Kordos Lawyers
2 Reviews
Phone:
326 William St, Level 2, Melbourne Victoria 3000, Australia
Earl & Associates
1 Reviews
Phone:
83 William St, Level 2, Melbourne Victoria 3000, Australia
Tan & Tan
1 Reviews
Phone:
140 Bourke St, Level 7, Melbourne Victoria 3000, Australia
Provey Conveyancing
1 Reviews
Phone:
459 Collins St, #11, Melbourne Victoria 3000, Australia
Paul Reynolds
1 Reviews
Phone:
Level 9, 555 Lonsdale St, Melbourne Victoria 3000, Australia
Child Support Lawyers Manby & Scott
1 Reviews
Phone:
222 LaTrobe St, #2, Melbourne Victoria 3000, Australia
 
 

About: admin2017