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Visitation Rights Glen Creek VIC

Visitation Rights Glen Creek Divorce And Separation Lawyers In Glen Creek

Australian Law operates on the principle of no-fault divorce. This implies that a court does rule out why the marriage ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies an individual can not request divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Glen Creek to be separated but to continue residing in the very same home during 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 during this time.

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

Divorce procedures are performed entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wishes to re-marry they should make an application for a divorce.

It is essential to be mindful that proceedings for property settlement and spousal maintenance must be commenced within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is hard to acquire.

Child Support

You don’t need us to inform you what child support is or to get a basic 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.

Nevertheless, 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 recognized areas and complexities, and help you to tactically plan your child support plans and commitments for the future to ensure the best possible arrangement is in place given your and the other parents circumstances.

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

Some areas that Our Family Law Glen Creek can assist you with consist of:

Advising you as to your alternatives concerning child assistance which may consist of organizing a private child assistance arrangement, in either a minimal or binding child assistance agreement.

Personal arrangements provide certainty for both parents for a longer time period (no continuous reassessments each year or more), enable greater flexibility in the approach of payment (direct funding 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 bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Support In Glen Creek

We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to enable 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 partner at the global airport gate terminal.

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

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

Glen Creek Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everyone, 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 enables a personal agreement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a significant sum of money, consisting of the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance or life insurance.

For separated couples in Glen Creek 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 financial agreement can completely finalise spousal maintenance commitments.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer security to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when determining future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual assault) was expanded in late 2012 and now includes 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 individual and triggers them to fear for their security or wellbeing.

Lots of people in Glen Creek might now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email 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 alongside married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a real 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) are considered to be a legal entity for the purpose of family law Glen Creek.

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

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