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Visitation Rights Flinders VIC

Visitation Rights Flinders Divorce And Separation Lawyers In Flinders

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 actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This means a person can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Flinders to be separated however to continue living in the very same house during 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 throughout this time.

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

Divorce proceedings are conducted entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to commence 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 should make an application for a divorce.

It is very important to be mindful that procedures for property settlement and spousal maintenance should be begun 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 get.

Child Support

You do not require us to tell you what child assistance is or to get a basic idea of what your obligation (or entitlement) will be.

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

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to ensure the best possible arrangement is in place given your and the other parents circumstances.

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

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

Advising you regarding your choices relating to child assistance which might include arranging a personal child assistance arrangement, in either a minimal or binding child support agreement.

Personal arrangements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the method of payment (direct financing 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.

Helping In Steps To Recover Unpaid Child Assistance In Flinders

We can assist in converting the unpaid amount from a Commonwealth debt to a personal 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 unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.

Helping you to change the Department assessed child support amount to better suit your specific circumstances.

Evaluations are prepared by the Department based on a basic formula, however can be modified under different situations (up or down) based on aspects such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular expenses), if a child has additional health or medical requirements, if a moms and dad 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 help in preparing the required documents and preparing you for the road ahead.

Flinders Pre-nuptials And Financial Agreements

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

For separated couples in Flinders seeking to finalise 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 finalise spousal maintenance commitments.

Family Violence

Family violence (also called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide 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 expanded in late 2012 and now incorporates 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 triggers them to fear for their security or wellbeing.

Many people in Flinders might now be surprised to discover 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 web 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 property settlement and spousal maintenance identified in the Family Court alongside couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on an authentic 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) are considered to be a legal entity for the purpose of family law Flinders.

De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes unique provision for the modification of property and financial support, in very much the same way as a couple.

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