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Visitation Rights Giffard VIC

Visitation Rights Giffard Divorce And Separation Lawyers In Giffard

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marital relationship ended. The Court is able to give a divorce if there has been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This indicates an individual can not apply for divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Giffard to be separated however to continue residing in the same house throughout 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 kids 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 procedures are conducted entirely separately from other proceedings in between the husband and wife and there is no commitment on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

It is important to be aware that proceedings for property settlement and spousal maintenance should 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 don’t need us to tell you what child assistance is or to get a general idea of what your commitment (or entitlement) will be.

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

However, the child support system and the formula used to calculate child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and assist you to strategically plan your child support arrangements and obligations for the future to guarantee the best possible plan is in place given your and the other parents circumstances.

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

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

Advising you as to your alternatives relating to child assistance which might include arranging a private child assistance agreement, in either a limited or binding child support agreement.

Personal arrangements supply certainty for both moms and dads for a longer amount of time (no continual 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 costs in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Support In Giffard

We can help in converting the unpaid amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue private recovery lawsuits through the Court or more serious actions such as recovering the unpaid debt from a recalcitrant spouse at the worldwide airport gate terminal.

Helping you to alter the Department assessed child support amount to much better suit your individual situations.

Assessments are prepared by the Department based on a basic formula, but can be changed under various situations (up or down) based on factors such as the expense of maintaining the child in the way the parents meant (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is income poor however ‘asset rich’, etc. Other situations also apply. The modification of evaluation process can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Giffard Pre-nuptials And Financial Agreements

Monetary 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 essentially enables a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a considerable amount of money, consisting of the expenses associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Giffard seeking to finalise their responsibilities 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 (likewise called 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 claims of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual abuse) was broadened in late 2012 and now includes a much wider 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 triggers them to fear for their safety or wellbeing.

Lots of people in Giffard may now be shocked to discover that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring 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 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 genuine domestic basis for a minimum of 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 unit) are thought about to be a legal entity for the purpose of family law Giffard.

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

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