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Visitation Rights Grass Flat VIC

Visitation Rights Grass Flat Divorce And Separation Lawyers In Grass Flat

Australian Law operates on the concept of no-fault divorce. This implies that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has actually been an irretrievable breakdown of marital relationship. In order to satisfy the Court that the marital relationship has actually 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 until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Grass Flat to be separated but to continue residing 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 have to show to the Court that they were separated during this time.

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

Divorce proceedings are performed entirely individually from other proceedings between the couple and there is no commitment on a party to start divorce proceedings before taking action in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wants to re-marry they must apply for a divorce.

It is very important to be mindful that proceedings for property settlement and spousal maintenance must be started within one year of the divorce. Applications can only be made after this period with the approval of the Court, and this is difficult to obtain.

Child Support

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

There is a quick children support estimator on the website of the Department of Human Services Child Support (” 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 assist you with a few of the lesser known areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to guarantee the very best possible arrangement is in place provided your and the other parents circumstances.

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

Some areas that Our Family Law Grass Flat can assist you with consist of:

Advising you as to your options regarding child support which may consist of arranging a personal child support arrangement, in either a minimal or binding child support arrangement.

Personal agreements supply certainty for both parents for a longer time period (no continuous 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 costs in part or in lieu), and eliminate the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Assistance In Grass Flat

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

Assisting you to change the Department examined child support amount to better match your individual situations.

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

Grass Flat Pre-nuptials And Financial Agreements

Financial agreements (also known informally 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 basically allows a personal agreement to be formalised and precludes the later involvement of the Family Court. Therefore having such an agreement can save a substantial amount of money, including the costs connected 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 Grass Flat seeking to finalise 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 finalise spousal maintenance responsibilities.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to provide protection to the victim, however 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 assault) was broadened 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 triggers them to fear for their security or wellbeing.

Many people in Grass Flat may now be surprised to discover that domestic violence orders can be made if an individual in the relationship undertakes unauthorised monitoring of the other such as reading their text, monitoring their e-mail account or web 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 property settlement and spousal maintenance determined 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 actually 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 Grass Flat.

De facto partners must not fear that they must leave empty handed from a relationship. The Family Law Act makes special provision for the modification of residential or commercial property and financial backing, in very much the same way as a married couple.

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