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Visitation Rights Goldsborough VIC

Visitation Rights Goldsborough Divorce And Separation Lawyers In Goldsborough

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 has the ability to give 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 indicates an individual can not request divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Goldsborough to be separated but to continue residing in the same house 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 prove to the Court that they were separated throughout this time.

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

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

It is important to be aware that procedures for property settlement and spousal maintenance should 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 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 assistance estimator on the site 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 a few of the lesser known areas and complexities, and help you to strategically prepare your child support plans and obligations for the future to make sure the best possible plan is in place given your and the other parents scenarios.

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

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

Advising you as to your alternatives concerning child support which may consist of setting up a private child assistance arrangement, in either a limited or binding child support agreement.

Private agreements offer certainty for both parents for a longer time period (no continual reassessments each year or more), enable higher flexibility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and get rid of the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Assistance In Goldsborough

We can assist in converting the unsettled amount from a Commonwealth debt to a private debt to allow you to side step the Department and pursue personal recovery litigation 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 evaluated child support amount to much better suit your individual situations.

Evaluations are prepared by the Department based upon a basic formula, but can be modified under various situations (up or down) based upon aspects such as the expense of maintaining the child 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 parent is income poor but ‘asset rich’, etc. Other situations also use. The modification of evaluation procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Goldsborough Pre-nuptials And Financial Agreements

Financial agreements (also known informally as ‘pre-nups’) are not for everyone, nevertheless they can be helpful:

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 permits a personal agreement to be formalised and precludes the later participation of the Family Court. Therefore having such an arrangement can save a substantial sum of money, consisting of the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Goldsborough seeking to settle their obligations 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 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 security to the victim, but the Family Court and Federal Circuit Court will take any claims 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 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 causes them to fear for their safety or wellbeing.

Many individuals in Goldsborough might now be shocked 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 messages, monitoring their e-mail 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 alongside couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together 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 considered to be a legal entity for the purpose of family law Goldsborough.

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

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