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Visitation Rights Glenmaggie VIC

Visitation Rights Glenmaggie Divorce And Separation Lawyers In Glenmaggie

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

It is possible for a couple in Glenmaggie to be separated however to continue living in the 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 prove to the Court that they were separated throughout this time.

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

Divorce procedures are conducted entirely separately from other proceedings in between the couple and there is no responsibility on a party to begin divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they should request a divorce.

It is important to be aware that procedures for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is tough to obtain.

Child Support

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

There is a fast 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 compute child support can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and help you to tactically prepare your child support arrangements and commitments for the future to guarantee the very best possible plan remains in place offered your and the other moms and dads circumstances.

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

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

Advising you regarding your alternatives relating to child assistance which might include setting up a private child assistance arrangement, in either a restricted or binding child assistance agreement.

Private arrangements supply certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable greater versatility in the approach of payment (direct financing 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 bureaucracy of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Glenmaggie

We can help 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 lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant spouse at the worldwide airport gate terminal.

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

Evaluations are prepared by the Department based on a basic formula, however can be altered under different situations (up or down) based upon factors such as the cost of maintaining the child in the way the parents planned (e.g.: private education or additional extracurricular costs), if a kid has additional health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, etc. Other situations also apply. The change of evaluation process can be complicated and we can assist in preparing the required documents and preparing you for the road ahead.

Glenmaggie Pre-nuptials And Financial Agreements

Financial arrangements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless 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 private agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the expenses connected with property settlement negotiations or lawsuits if the parties separate. It can be compared with earnings protection insurance coverage or life insurance.

For separated couples in Glenmaggie 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 financial agreement can permanently finalise spousal maintenance commitments.

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 offer security 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 children.

The traditional meaning of domestic violence (physical and sexual assault) was broadened in late 2012 and now encompasses a much larger scope of behaviours such as:

  •  emotional and psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another person and triggers them to fear for their safety or wellbeing.

Lots of people in Glenmaggie may now be surprised to find 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 e-mail 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 along with married couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 residential or commercial 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 Glenmaggie.

De facto spouses should not fear that they must walk away empty handed from a relationship. The Family Law Act makes special provision for the adjustment of property and financial backing, in very much the same way as a couple.

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