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Visitation Rights Essendon VIC

Visitation Rights Essendon Divorce And Separation Lawyers In Essendon

Australian Law operates on the principle of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to give 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 means a person can not apply for divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Essendon to be separated but to continue living 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 only approve a divorce if it is satisfied that proper arrangements have actually been made for them.

Divorce proceedings are conducted totally separately from other proceedings in between the husband and wife and there is no responsibility on a party to begin divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wishes to re-marry they should apply for a divorce.

It is essential to be aware 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 difficult to get.

Child Support

You do not need us to tell you what child assistance is or to get a general concept 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 Assistance (” 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 recognized areas and intricacies, and assist you to tactically plan your child support arrangements and commitments for the future to ensure the very best possible plan remains in place given your and the other parents circumstances.

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

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

Advising you as to your choices regarding child support which may include setting up a private child assistance agreement, in either a limited or binding child support agreement.

Private agreements provide certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater flexibility in the method 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 handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Essendon

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

Helping you to modify the Department evaluated child assistance amount to much better suit your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, however can be modified under different situations (up or down) based on factors such as the expense of maintaining the kid in the way the parents meant (e.g.: private education or extra extracurricular costs), if a child has extra health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other scenarios also apply. The change of assessment process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Essendon Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, 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 enables a private arrangement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Essendon 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 financial agreement can permanently settle 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 accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses 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 triggers them to fear for their security or wellbeing.

Many individuals in Essendon might now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their email account or internet 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 together with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for at least 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 unit) are considered to be a legal entity for the purpose of family law Essendon.

De facto spouses must not fear that they need to leave empty handed from a relationship. The Family Law Act makes special provision for the adjustment of residential or commercial property and financial support, in very much the same way as a married couple.

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