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Visitation Rights Gladstone Park VIC

Visitation Rights Gladstone Park Divorce And Separation Lawyers In Gladstone Park

Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out why the marital relationship ended. The Court is able to grant a divorce if there has actually 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 a minimum of twelve months and one day. This implies an individual can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Gladstone Park to be separated but to continue living in the exact same house 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 just approve a divorce if it is satisfied that appropriate arrangements have actually been made for them.

Divorce proceedings are carried out completely separately from other proceedings between the couple and there is no obligation on a party to begin divorce proceedings prior to taking action in relation to any other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they should request a divorce.

It is very important to be mindful that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to get.

Child Support

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

There is a fast 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 support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to strategically prepare your child support arrangements and responsibilities for the future to make sure the best possible plan is in place given your and the other parents situations.

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

Some areas that Our Family Law Gladstone Park can help you with include:

Advising you regarding your options concerning child assistance which may consist of setting up a private child support agreement, in either a restricted or binding child assistance agreement.

Personal agreements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable higher flexibility 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 handle the bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Gladstone Park

We can help 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 spouse at the worldwide airport gate terminal.

Assisting you to modify the Department assessed child assistance amount to better match your specific situations.

Assessments are prepared by the Department based upon a standard formula, but can be modified under various circumstances (up or down) based upon factors such as the cost of maintaining the child in the way the moms and dads meant (e.g.: private education or additional extracurricular costs), if a child has extra health or medical requirements, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of evaluation procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Gladstone Park Pre-nuptials And Financial Agreements

Monetary agreements (likewise 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 allows a private agreement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a considerable amount of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Gladstone Park seeking to settle 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 financial agreement can completely settle spousal maintenance obligations.

Family Violence

Family violence (likewise 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 allegations of domestic violence into consideration when figuring out future parenting arrangements for kids.

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

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

Many individuals in Gladstone Park might now be shocked to find that domestic violence orders can be made if a person in the relationship undertakes 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 lived together 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) are considered to be a legal entity for the purpose of family law Gladstone Park.

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

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