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Visitation Rights Ferntree Gully VIC

Visitation Rights Ferntree Gully Divorce And Separation Lawyers In Ferntree Gully

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

It is possible for a couple in Ferntree Gully to be separated but 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 have to prove to the Court that they were separated throughout this time.

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

Divorce proceedings are conducted totally separately from other proceedings between the couple and there is no obligation on a party to start divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.

It is necessary to be aware that proceedings for property settlement and spousal maintenance should be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is tough to obtain.

Child Support

You do not need us to tell you what child support is or to get a general idea of what your obligation (or entitlement) will be.

There is a quick children assistance 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 determine child support can be a complex and painful minefield. We can assist you with a few of the lower recognized areas and complexities, and help you to strategically plan your child support arrangements and commitments for the future to make sure the very best possible arrangement is in place offered your and the other parents scenarios.

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

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

Advising you regarding your alternatives regarding child support which may consist of organizing a private child support agreement, in either a limited or binding child support arrangement.

Private agreements supply certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater versatility 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 remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Ferntree Gully

We can assist 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 actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.

Assisting you to alter the Department evaluated child support amount to much better suit your specific situations.

Evaluations are prepared by the Department based upon a basic formula, but can be altered under different circumstances (up or down) based upon aspects such as the cost of maintaining the child in the way the parents intended (e.g.: private education or extra extracurricular costs), if a child has extra health or medical requirements, if a parent is income poor however ‘asset rich’, and so on. Other situations also use. The modification of assessment procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.

Ferntree Gully Pre-nuptials And Financial Agreements

Financial arrangements (also known informally as ‘pre-nups’) are not for everyone, 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 allows a personal arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable amount of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Ferntree Gully looking for to finalise their responsibilities 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 monetary agreement can completely finalise 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 accusations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual abuse) was widened in late 2012 and now includes a much larger scope of behaviours such as:

  •  emotional and psychological abuse
  • financial 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 Ferntree Gully might now be surprised to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised surveillance of the other such as reading their text, monitoring their e-mail 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 residential or commercial property settlement and spousal maintenance identified in the Family Court together with 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 kid, 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 Ferntree Gully.

De facto partners should not fear that they should 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 couple.

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