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Visitation Rights Glenlofty VIC

Visitation Rights Glenlofty Divorce And Separation Lawyers In Glenlofty

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

It is possible for a couple in Glenlofty to be separated however to continue residing in the same house 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 grant a divorce if it is satisfied that correct arrangements have been made for them.

Divorce proceedings are conducted completely separately from other proceedings in between the couple and there is no commitment on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wishes to re-marry they should request a divorce.

It is necessary to be mindful that procedures for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can only be made after this duration with the approval of the Court, and this is challenging to obtain.

Child Support

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

There is a quick 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 determine child support can be a complex and painful minefield. We can help you with a few of the lower recognized areas and intricacies, and assist you to tactically plan your child support plans and commitments for the future to guarantee the best possible plan is in place given your and the other moms and dads scenarios.

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

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

Advising you regarding your alternatives relating to child assistance which might consist of arranging a personal child assistance agreement, in either a minimal or binding child assistance arrangement.

Personal agreements supply certainty for both moms and dads for a longer period of time (no continual 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 handle the administration of the Department.

Helping In Steps To Recover Unsettled Child Support In Glenlofty

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

Helping you to alter the Department assessed child support amount to much better match your specific circumstances.

Assessments are prepared by the Department based on a basic formula, however 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 extra extracurricular expenses), if a kid has additional health or medical needs, if a moms and dad is earnings poor but ‘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.

Glenlofty Pre-nuptials And Financial Agreements

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

For separated couples in Glenlofty seeking to finalise their obligations 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 known as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide security to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual assault) 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 person and triggers them to fear for their security or wellbeing.

Lots of people in Glenlofty might now be surprised to find 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 messages, monitoring their e-mail account or web web browser history.

De Facto Relationships

In March 2009 a 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.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial property of the other or the welfare of the family) are considered to be a legal entity for the purpose of family law Glenlofty.

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

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