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Visitation Rights Fosterville VIC

Visitation Rights Fosterville Divorce And Separation Lawyers In Fosterville

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marriage ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies an individual can not make an application for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Fosterville to be separated however to continue living in the 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 need to show to the Court that they were separated throughout this time.

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

Divorce proceedings are carried out completely separately from other proceedings between the husband and wife and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marital relationship breakdown. However if either party to the marital relationship wishes to re-marry they must make an application for a divorce.

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

Child Support

You do not need us to inform you exactly what child assistance 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 Assistance (” 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 help you with some of the lesser known areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to make sure the best possible arrangement remains in place offered your and the other moms and dads circumstances.

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

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

Advising you regarding your choices concerning child support which may consist of setting up a personal child assistance agreement, in either a limited or binding child assistance agreement.

Private agreements provide certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Fosterville

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

Helping you to change the Department examined child assistance amount to better match your individual circumstances.

Assessments are prepared by the Department based on a basic formula, but can be changed under various situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or additional extracurricular costs), if a kid has extra health or medical needs, if a moms and dad is income poor however ‘asset rich’, and so on. Other circumstances also use. The change of evaluation procedure can be made complex and we can assist in preparing the required paperwork and preparing you for the road ahead.

Fosterville Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially 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 basically permits a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an agreement can save a substantial amount of money, including the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Fosterville seeking 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 finalise spousal maintenance commitments.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, however 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 definition of domestic violence (physical and sexual abuse) was broadened 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 security or wellbeing.

Lots of people in Fosterville might now be shocked to find 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 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 along with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on an authentic domestic basis for at least 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 Fosterville.

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

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