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Visitation Rights Glen Wills VIC

Visitation Rights Glen Wills Divorce And Separation Lawyers In Glen Wills

Australian Law operates on the concept of no-fault divorce. This means that a court does not consider why the marital relationship ended. The Court has the ability to approve 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 must has been separated for at least twelve months and one day. This means a person can not request divorce up until the parties have been separated for twelve months and one day.

It is possible for a couple in Glen Wills to be separated but to continue living in the very same home throughout 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 just give a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are carried out completely individually from other proceedings between the husband and wife and there is no commitment on a party to start divorce proceedings prior to taking action in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must 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 only be made after this duration with the approval of the Court, and this is hard to get.

Child Support

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

There is a fast children support estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.

Nevertheless, 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 lower recognized areas and complexities, and help you to strategically prepare your child support plans and responsibilities for the future to guarantee the very best possible plan remains in place given your and the other parents situations.

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

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

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

Personal agreements offer certainty for both parents for a longer time period (no continuous reassessments each year or more), enable higher flexibility in the method of payment (direct funding 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 administration of the Department.

Assisting In Steps To Recover Unpaid Child Assistance In Glen Wills

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

Assisting you to change the Department evaluated child assistance amount to much better match your individual circumstances.

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

Glen Wills Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially 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 allows 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 considerable amount of money, including the costs connected with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Glen Wills looking for to settle their responsibilities 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 monetary agreement can completely settle spousal maintenance responsibilities.

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 security 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 encompasses 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 causes them to fear for their safety or wellbeing.

Lots of people in Glen Wills may now be shocked to find that domestic violence orders can be made if a person 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 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 along with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real 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 Wills.

De facto partners should not fear that they should leave empty handed from a relationship. The Family Law Act makes unique 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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