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Visitation Rights Echuca VIC

Visitation Rights Echuca Divorce And Separation Lawyers In Echuca

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 approve a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates a person can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Echuca to be separated however to continue living in the exact same house during the twelve months, which is referred to 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 during this time.

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

Divorce procedures are carried out entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they should make an application for a divorce.

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

Child Support

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

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

Nevertheless, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and assist you to tactically prepare your child support arrangements and responsibilities for the future to guarantee the best possible plan remains in place provided your and the other moms and dads situations.

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

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

Advising you regarding your alternatives relating to child assistance which might include arranging a personal child support agreement, in either a limited or binding child support agreement.

Private arrangements offer certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to deal with the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Echuca

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

Helping you to alter the Department assessed child assistance amount to much better suit your specific situations.

Assessments are prepared by the Department based upon a standard formula, however can be changed under various circumstances (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads planned (e.g.: private education or extra extracurricular costs), if a kid has additional health or medical requirements, if a parent is earnings poor however ‘asset rich’, and so on. Other scenarios also use. The change of evaluation procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Echuca Pre-nuptials And Financial Agreements

Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 permits a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a considerable sum of money, consisting of 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 Echuca looking for to finalise 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 permanently finalise spousal maintenance commitments.

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 protection 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 children.

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now incorporates 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 causes them to fear for their security or wellbeing.

Many people in Echuca might now be surprised to discover 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 internet 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 identified in the Family Court alongside married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Echuca.

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

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