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Visitation Rights Glen Waverley VIC

Visitation Rights Glen Waverley Divorce And Separation Lawyers In Glen Waverley

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 has the ability to give a divorce if there has actually 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 make an application for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Glen Waverley to be separated but to continue living in the exact same house during 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 show to the Court that they were separated during this time.

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

Divorce proceedings are performed entirely individually from other proceedings between the couple and there is no obligation 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 should apply for a divorce.

It is essential to be aware that proceedings for property settlement and spousal maintenance need to be begun 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 get.

Child Support

You don’t require us to tell you exactly what child support is or to get a general concept of what your obligation (or entitlement) will be.

There is a quick children support 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 support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and assist you to strategically prepare your child support plans and obligations for the future to guarantee the best possible arrangement remains in place given your and the other moms and dads scenarios.

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

Some areas that Our Family Law Glen Waverley can help you with include:

Advising you as to your alternatives concerning child support which may consist of arranging a private child support agreement, in either a restricted or binding child assistance agreement.

Private agreements supply certainty for both parents for a longer period of time (no continuous 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 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 Assistance In Glen Waverley

We can assist in converting the unsettled amount from a Commonwealth debt to a personal debt to allow you to side step the Department and pursue personal recovery lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the global airport gate terminal.

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

Evaluations are prepared by the Department based on a basic formula, however can be changed under various circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or extra extracurricular expenses), if a kid has additional health or medical requirements, if a moms and dad is income poor however ‘asset rich’, etc. Other scenarios also apply. The modification of assessment procedure can be made complex and we can help in preparing the required paperwork and preparing you for the road ahead.

Glen Waverley Pre-nuptials And Financial Agreements

Financial agreements (likewise known informally as ‘pre-nups’) are not for everybody, 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 generally allows 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 sum of money, consisting of the expenses associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance coverage or life insurance.

For separated couples in Glen Waverley looking for 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 settle spousal maintenance obligations.

Family Violence

Family violence (also 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 expanded in late 2012 and now encompasses 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 individual and causes them to fear for their safety or wellbeing.

Lots of people in Glen Waverley may now be shocked to find that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or internet 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 property settlement and spousal maintenance identified in the Family Court alongside couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a genuine domestic basis for a minimum of 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Glen Waverley.

De facto partners should 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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