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Visitation Rights Greta VIC

Visitation Rights Greta Divorce And Separation Lawyers In Greta

Australian Law operates on the principle 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 marital relationship. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple should has been separated for at least twelve months and one day. This means a person can not request divorce until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Greta to be separated but to continue residing in the same home throughout the twelve months, which is known 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 children aged under 18 years of age, a Court will just grant a divorce if it is satisfied that appropriate arrangements have been made for them.

Divorce procedures are carried out entirely individually from other proceedings between the husband and wife and there is no responsibility on a party to commence divorce proceedings before taking action in relation to any other aspect of the marriage breakdown. However if either party to the marriage wants to re-marry they need to apply for a divorce.

It is important to be conscious that procedures for property settlement and spousal maintenance should be begun within one year of the divorce. Applications can just be made after this period with the approval of the Court, and this is hard to obtain.

Child Support

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

There is a fast children support estimator on the website of the Department of Human Services Child Assistance (” the Department”) which you can use.

However, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can assist you with some of the lower known areas and intricacies, and assist you to tactically prepare your child support arrangements and responsibilities for the future to make sure the best possible plan is in place given your and the other parents circumstances.

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

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

Advising you regarding your options relating to child assistance which might include setting up a private child assistance arrangement, in either a minimal or binding child support agreement.

Personal arrangements offer certainty for both parents for a longer amount of time (no continuous reassessments each year or more), enable greater flexibility in the method of payment (direct financing in periodic or lump sums, or payment of educational, medical and extracurricular costs in part or in lieu), and remove the need to handle the administration of the Department.

Helping In Steps To Recover Unsettled Child Support In Greta

We can assist in converting the unpaid amount from a Commonwealth debt to a personal 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 international airport gate terminal.

Helping you to alter the Department evaluated child support amount to much better match your specific circumstances.

Assessments are prepared by the Department based upon a basic formula, but can be changed under different circumstances (up or down) based on aspects such as the expense of maintaining the child in the way the parents meant (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical needs, if a parent is earnings poor however ‘asset rich’, etc. Other situations also apply. The modification of assessment procedure can be complicated and we can help in preparing the required documents and preparing you for the road ahead.

Greta Pre-nuptials And Financial Agreements

Monetary agreements (likewise known informally as ‘pre-nups’) are not for everyone, nevertheless 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 essentially allows a private agreement to be formalised and prevents the later participation of the Family Court. Therefore having such an arrangement can save a substantial amount 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 Greta seeking to finalise 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 settle spousal maintenance commitments.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, but the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when determining future parenting arrangements for kids.

The traditional definition 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 causes them to fear for their security or wellbeing.

Lots of people in Greta may now be shocked 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 email 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 property settlement and spousal maintenance identified in the Family Court together with couples.

In spite of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have lived together on a real domestic basis for at least 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 Greta.

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

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