Call Us 1300 241 740

Visitation Rights Exford VIC

Visitation Rights Exford Divorce And Separation Lawyers In Exford

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This suggests an individual can not apply for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Exford to be separated but to continue living in the same house 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 kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that correct arrangements have actually been made for them.

Divorce procedures are performed totally individually from other proceedings in between the husband and wife and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should make an application for a divorce.

It is important to be mindful that proceedings for property settlement and spousal maintenance need to 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 challenging to acquire.

Child Support

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

There is a fast children assistance 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 calculate child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and intricacies, and help you to strategically plan your child support plans and commitments for the future to ensure the best possible plan is in place provided your and the other moms and dads scenarios.

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

Some areas that Our Family Law Exford can assist you with include:

Advising you regarding your choices regarding child support which might consist of arranging a private child support arrangement, in either a limited or binding child assistance arrangement.

Private arrangements supply certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the approach of payment (direct funding 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 administration of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Exford

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 lawsuits through the Court or more serious steps such as recovering the unpaid debt from a recalcitrant partner at the international airport gate terminal.

Helping you to alter the Department examined child assistance amount to much better suit your individual situations.

Evaluations are prepared by the Department based upon a basic formula, however can be modified under different circumstances (up or down) based on factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a parent is income poor but ‘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.

Exford Pre-nuptials And Financial Agreements

Monetary agreements (also known colloquially as ‘pre-nups’) are not for everybody, however 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 agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a significant sum of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Exford looking for to settle their commitments 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 completely settle spousal maintenance obligations.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, however the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual abuse) was widened 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 causes them to fear for their safety or wellbeing.

Lots of people in Exford may now be surprised to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, 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 property settlement and spousal maintenance identified in the Family Court together with couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real 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 Exford.

De facto partners 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 backing, in very much the same way as a couple.

Business Results 1 - 10 of 25

Callea Pearce Lawyers
1 Reviews
Phone:
8 Gell St, Bacchus Marsh Victoria 3340, Australia
Ascot Solicitors
1 Reviews
Phone:
827B Ballarat Rd, Deer Park Victoria 3023, Australia
Low Cost Conveyancing Services
1 Reviews
Phone:
263 Heaths Rd, #2, Werribee Victoria 3030, Australia
Pentana Stanton Lawyers
1 Reviews
Phone:
Level 9, 124 Exhibition St, Melbourne Victoria 3000, Australia
Poloni & Galgano
1 Reviews
Phone:
358 Sydney Rd, Coburg Victoria 3058, Australia
ELLINGHAUS WEILL LAWYERS & CONSULTANTS
1 Reviews
Phone:
79 - 81 Franklin Street, Melbourne VIC 3000, Melbourne Victoria 3000, Australia
Mark Shenken
2 Reviews
Phone:
285 Carlisle St, Suite 14, Balaclava Victoria 3183, 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
Mackinnon Jacobs Horton & Irving
2 Reviews
Phone:
89 Boronia Rd, Boronia Victoria 3155, Australia
 

Business Results 1 - 10 of 20











 

About: admin2017