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Visitation Rights Eppalock VIC

Visitation Rights Eppalock Divorce And Separation Lawyers In Eppalock

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court is able to give 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 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 Eppalock to be separated however to continue residing in the very same home throughout 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 during this time.

If there are children aged under 18 years of age, a Court will just give a divorce if it is satisfied that appropriate arrangements have actually been made for them.

Divorce proceedings are conducted completely individually from other proceedings between the couple and there is no commitment on a party to begin divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to request a divorce.

It is important to be mindful that procedures for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to acquire.

Child Support

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

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

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

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

Some areas that Our Family Law Eppalock can help you with include:

Advising you as to your options regarding child support which may consist of arranging a personal child support agreement, in either a limited or binding child assistance agreement.

Private agreements offer certainty for both moms and dads for a longer period of time (no continuous 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 expenses in part or in lieu), and remove the need to deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Eppalock

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

Assisting you to change the Department examined child assistance amount to better match your specific circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be altered under various circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical requirements, if a parent is earnings poor however ‘asset rich’, etc. Other circumstances also apply. The modification of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Eppalock Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everybody, however they can be helpful:

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 enables a personal arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a significant sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Eppalock 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 monetary agreement can permanently settle 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 offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was widened in late 2012 and now includes a much larger 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 individuals in Eppalock 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, 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on an authentic 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 thought about to be a legal entity for the purpose of family law Eppalock.

De facto spouses should not fear that they need to leave 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.

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