Call Us 1300 241 740

Visitation Rights Golden Point VIC

Visitation Rights Golden Point Divorce And Separation Lawyers In Golden Point

Australian Law operates on the principle of no-fault divorce. This means that a court does not consider why the marriage 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 marital relationship has broken down irretrievably the couple needs to has been separated for at least twelve months and one day. This means an individual can not make an application for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Golden Point to be separated however to continue living in the same house during 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 during 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 arrangements have been made for them.

Divorce procedures are carried out completely individually from other proceedings between the husband and wife and there is no obligation on a party to commence divorce proceedings prior to taking action in relation to other aspect of the marital relationship breakdown. However if either party to the marriage wants to re-marry they need to request a divorce.

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

Child Support

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

There is a fast 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 compute child support can be a complex and painful minefield. We can help you with some of the lower recognized areas and complexities, and assist you to tactically prepare your child support plans and commitments for the future to make sure the very best possible arrangement is in place provided your and the other parents situations.

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

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

Advising you regarding your options regarding child assistance which may include arranging a personal child support agreement, in either a minimal or binding child assistance arrangement.

Private arrangements supply certainty for both moms and dads for a longer period of time (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 expenses in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Golden Point

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

Helping you to change the Department assessed child assistance amount to better suit your individual situations.

Assessments are prepared by the Department based upon a standard formula, however can be changed under various situations (up or down) based upon factors such as the cost of maintaining the kid in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a kid has extra health or medical needs, if a parent is income poor but ‘asset rich’, etc. Other circumstances also apply. The change of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Golden Point Pre-nuptials And Financial Agreements

Financial arrangements (also known colloquially as ‘pre-nups’) are not for everyone, 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 allows a personal agreement to be formalised and prevents the later involvement of the Family Court. For that reason having such an arrangement can save a significant sum of money, consisting of the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared with income protection insurance or life insurance.

For separated couples in Golden Point looking for to settle 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 permanently settle spousal maintenance obligations.

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

The traditional meaning of domestic violence (physical and sexual abuse) was expanded in late 2012 and now incorporates a much wider 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 safety or wellbeing.

Many individuals in Golden Point may now be shocked to discover that domestic violence orders can be made if an individual in the relationship carries out unauthorised monitoring 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 property settlement and spousal maintenance identified in the Family Court together with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually lived together on a real domestic basis for a minimum of 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 thought about to be a legal entity for the purpose of family law Golden Point.

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

Business Results 1 - 10 of 3

Callea Pearce Lawyers
1 Reviews
Phone:
8 Gell St, Bacchus Marsh Victoria 3340, Australia
Birdsey Dedman & Bartlett
1 Reviews
Phone:
166a Ryrie St, Geelong Victoria 3220, Australia
Low Cost Conveyancing Services
1 Reviews
Phone:
263 Heaths Rd, #2, Werribee Victoria 3030, Australia
 

Business Results 1 - 10 of 20











 

About: admin2017