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Visitation Rights Glenlogie VIC

Visitation Rights Glenlogie Divorce And Separation Lawyers In Glenlogie

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 grant a divorce if there has actually been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage 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 till the parties have been separated for twelve months and one day.

It is possible for a couple in Glenlogie to be separated however to continue residing in the very same home 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 prove to the Court that they were separated during this time.

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

Divorce proceedings are carried out entirely individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they need to apply for a divorce.

It is essential to be aware that procedures for property settlement and spousal maintenance should 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 acquire.

Child Support

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

There is a quick children assistance 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 assistance can be a complex and painful minefield. We can help you with some of the lower known areas and complexities, and assist you to strategically plan your child support plans and obligations for the future to make sure the very best possible arrangement is in place provided your and the other parents circumstances.

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

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

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

Personal agreements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher versatility in the method of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unpaid Child Support In Glenlogie

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 steps such as recovering the unpaid debt from a recalcitrant partner at the worldwide airport gate terminal.

Assisting you to modify the Department evaluated child assistance amount to better suit your specific situations.

Assessments are prepared by the Department based upon a standard formula, however can be modified under various circumstances (up or down) based on aspects such as the expense of maintaining the kid in the way the parents 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’, etc. Other situations also apply. The change of assessment procedure can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Glenlogie Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everybody, 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 permits a private agreement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable amount of money, consisting of the costs associated with property settlement negotiations or lawsuits if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Glenlogie seeking to settle 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 responsibilities.

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 protection to the victim, but the Family Court and Federal Circuit Court will take any claims of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional definition of domestic violence (physical and sexual abuse) was broadened in late 2012 and now encompasses a much larger 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.

Many individuals in Glenlogie may now be shocked 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 email account or internet 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 determined in the Family Court together with married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine domestic basis for a minimum of 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 unit) are thought about to be a legal entity for the purpose of family law Glenlogie.

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

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