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Visitation Rights Geelong West VIC

Visitation Rights Geelong West Divorce And Separation Lawyers In Geelong West

Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage 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 marital relationship has 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 West to be separated however 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 show to the Court that they were separated during this time.

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

Divorce procedures are performed completely separately from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they must apply for a divorce.

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

Child Support

You don’t need us to inform you what child support is or to get a basic idea of what your obligation (or entitlement) will be.

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

However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with a few of the lower recognized areas and intricacies, and assist you to tactically plan your child support arrangements and responsibilities for the future to ensure the best possible arrangement is in place provided your and the other parents situations.

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

Some areas that Our Family Law Geelong West can help you with consist of:

Advising you regarding your choices regarding child assistance which might include organizing a private child assistance agreement, in either a minimal or binding child support agreement.

Personal agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable higher versatility 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 Geelong West

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 personal recovery litigation through the Court or more serious actions such as recovering the debt from a recalcitrant spouse at the global airport gate terminal.

Assisting you to change the Department assessed child support amount to much better match your specific circumstances.

Assessments are prepared by the Department based upon a standard formula, however can be altered under various situations (up or down) based upon factors such as the cost of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has additional health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also apply. The change of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Geelong West Pre-nuptials And Financial Agreements

Monetary agreements (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 essentially permits a private arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Geelong West 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 responsibilities.

Family Violence

Family violence (likewise known 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, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now incorporates a much broader scope of behaviours such as:

  •  emotional and psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and causes them to fear for their safety or wellbeing.

Lots of people in Geelong West may now be shocked to discover 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, monitoring their e-mail account or web 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 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Geelong West.

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

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