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Visitation Rights Glenthompson VIC

Visitation Rights Glenthompson Divorce And Separation Lawyers In Glenthompson

Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant 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 implies an individual can not apply for divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Glenthompson to be separated but to continue living in the very same house during the twelve months, which is called ‘separation under the one roof’. If the couple is separated under the one roof they need to prove to the Court that they were separated during this time.

If there are children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that proper plans have been made for them.

Divorce proceedings are performed totally individually from other proceedings between the couple and there is no responsibility on a party to commence divorce proceedings prior to doing something about it in relation to any other aspect of the marriage breakdown. Nevertheless if either party to the marriage wants to re-marry they need to request a divorce.

It is essential to be mindful that proceedings 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 tough to get.

Child Support

You don’t need us to tell you exactly what child support is or to get a basic concept of what your obligation (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.

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 some of the lower recognized areas and complexities, and help you to strategically plan your child support plans and obligations for the future to ensure the very best possible plan is in place provided your and the other parents scenarios.

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

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

Advising you as to your choices regarding child assistance which might include organizing a personal child assistance arrangement, in either a minimal or binding child assistance agreement.

Private agreements supply certainty for both parents for a longer time period (no continual reassessments each year or more), enable greater 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 get rid of the need to deal with the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Glenthompson

We can assist in converting the unsettled 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 spouse at the worldwide airport gate terminal.

Helping you to alter the Department assessed child support amount to better suit your individual circumstances.

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

Glenthompson Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, 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 basically enables a private agreement to be formalised and precludes the later involvement of the Family Court. For that reason having such an arrangement can save a substantial sum of money, including the costs 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 Glenthompson looking for to finalise 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 (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when figuring out future parenting arrangements for children.

The traditional meaning of domestic violence (physical and sexual abuse) was widened 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.

Many individuals in Glenthompson may now be surprised to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, monitoring their e-mail account or internet 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a genuine 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 property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Glenthompson.

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 backing, in very much the same way as a married couple.

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