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Visitation Rights Everton Upper VIC

Visitation Rights Everton Upper Divorce And Separation Lawyers In Everton Upper

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court has the ability to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has 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 until the parties have been separated for twelve months and one day.

It is possible for a couple in Everton Upper to be separated but to continue living in the same home during the twelve months, which is called ‘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 throughout this time.

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

Divorce proceedings are conducted completely individually from other proceedings between the couple and there is no responsibility on a party to start divorce proceedings before doing something about it in relation to other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wants to re-marry they must request a divorce.

It is important to be aware that proceedings for property settlement and spousal maintenance should 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 difficult to obtain.

Child Support

You don’t require us to inform you what child support is or to get a basic idea of what your commitment (or entitlement) will be.

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

However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can help you with some of the lower known areas and intricacies, and assist you to tactically plan your child support plans and commitments for the future to make sure the best possible plan is in place given your and the other parents circumstances.

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

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

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

Personal agreements provide certainty for both moms and dads for a longer time period (no continuous reassessments each year or more), enable higher 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 remove the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Everton Upper

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 steps such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.

Assisting you to alter the Department assessed child support amount to much better suit your individual circumstances.

Evaluations are prepared by the Department based on a standard formula, however can be modified 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 extra extracurricular expenses), if a child has additional health or medical needs, if a parent is earnings poor but ‘asset rich’, etc. Other circumstances also apply. The modification of assessment process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Everton Upper Pre-nuptials And Financial Agreements

Financial arrangements (also known informally as ‘pre-nups’) are not for everybody, however 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 essentially allows 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 amount of money, consisting of the expenses 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 Everton Upper 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 responsibilities.

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 offer protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for children.

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

Many people in Everton Upper may now be shocked 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 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 determined in the Family Court together with married couples.

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

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

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