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Visitation Rights Glenroy VIC

Visitation Rights Glenroy Divorce And Separation Lawyers In Glenroy

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship 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 marriage has actually broken down irretrievably the couple must has been separated for at least twelve months and one day. This suggests 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 Glenroy to be separated however to continue living in the exact same home during the twelve months, which is known as ‘separation under the one roof’. If the couple is separated under the one roof they need 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 grant a divorce if it is satisfied that proper plans have actually been made for them.

Divorce proceedings are carried out completely separately from other proceedings between the couple and there is no commitment on a party to start divorce proceedings before taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marital relationship wants to re-marry they need to request a divorce.

It is essential to be conscious that proceedings for property settlement and spousal maintenance must be begun within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is hard to acquire.

Child Support

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

There is a quick children assistance estimator on the site of the Department of Human Services Child Support (” 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 some of the lesser known areas and complexities, and help you to strategically plan your child support arrangements and commitments for the future to make sure the best possible plan is in place offered your and the other moms and dads scenarios.

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

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

Advising you regarding your choices regarding child assistance which might include setting up a personal child assistance agreement, in either a restricted or binding child support agreement.

Personal agreements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater 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 remove the need to deal with the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Support In Glenroy

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 unpaid debt from a recalcitrant spouse at the international airport gate terminal.

Helping you to modify the Department assessed child assistance amount to much better suit your specific situations.

Assessments are prepared by the Department based on a standard formula, however can be changed under different circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the moms and dads meant (e.g.: private education or additional extracurricular expenses), if a kid has additional health or medical needs, if a parent is income poor however ‘asset rich’, etc. Other circumstances also use. The modification of evaluation process can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Glenroy Pre-nuptials And Financial Agreements

Monetary 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 basically allows a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a substantial sum of money, consisting of the costs connected 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 Glenroy seeking to settle their commitments 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 finalise spousal maintenance responsibilities.

Family Violence

Family violence (also 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, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual assault) was widened in late 2012 and now includes 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 causes them to fear for their security or wellbeing.

Many individuals in Glenroy may now be shocked to discover 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 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 married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 considered to be a legal entity for the purpose of family law Glenroy.

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

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