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Visitation Rights Geelong VIC

Visitation Rights Geelong Divorce And Separation Lawyers In Geelong

Australian Law operates on the concept of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has actually broken down irretrievably the couple should has been separated for a minimum of twelve months and one day. This implies 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 Geelong to be separated however to continue residing in the exact same house throughout the twelve months, which is referred to 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 during this time.

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

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

It is essential to be aware that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to obtain.

Child Support

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

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

However, the child support system and the formula used to compute child support can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and complexities, and help you to tactically prepare your child support plans and commitments for the future to guarantee the best possible plan remains in place provided your and the other parents circumstances.

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

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

Advising you regarding your alternatives regarding child support which might include arranging a private child support agreement, in either a restricted or binding child support agreement.

Private agreements offer certainty for both moms and dads for a longer period of time (no continual reassessments each year or more), enable greater versatility 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 eliminate the need to deal with the administration of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Geelong

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

Assisting you to change the Department assessed child assistance amount to better suit your specific circumstances.

Evaluations are prepared by the Department based upon a standard formula, but can be changed under different situations (up or down) based upon aspects such as the cost of maintaining the child in the way the moms and dads planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a parent is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Geelong Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be helpful:

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 private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an agreement can save a considerable amount of money, including the costs 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 Geelong seeking to finalise their commitments 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 (likewise referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now includes 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.

Many people in Geelong may now be shocked to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance 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 property settlement and spousal maintenance determined in the Family Court together with 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 unit) are thought about to be a legal entity for the purpose of family law Geelong.

De facto spouses must not fear that they must walk away empty handed from a relationship. The Family Law Act makes special 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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