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Visitation Rights Grovedale VIC

Visitation Rights Grovedale Divorce And Separation Lawyers In Grovedale

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 has the ability to give a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has actually broken down irretrievably the couple needs to has been separated for a minimum of twelve months and one day. This suggests an individual can not request divorce till the parties have been separated for twelve months and one day.

It is possible for a couple in Grovedale to be separated however to continue living in the same home 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 throughout this time.

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

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

It is necessary to be conscious that proceedings for property settlement and spousal maintenance must be begun 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 obtain.

Child Support

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

There is a quick children assistance estimator on the site of the Department of Human Services Child Assistance (” the Department”) which you can use.

However, the child support system and the formula used to compute child assistance can be a complex and painful minefield. We can help you with a few of the lesser recognized areas and intricacies, and help you to strategically prepare your child support arrangements and responsibilities for the future to ensure the very best possible plan is in place offered your and the other moms and dads situations.

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

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

Advising you as to your alternatives concerning child support which may consist of arranging a personal child support agreement, in either a minimal or binding child support agreement.

Personal arrangements supply certainty for both moms and dads for a longer amount of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct financing 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.

Assisting In Steps To Recover Unpaid Child Support In Grovedale

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

Assisting you to modify the Department assessed child assistance amount to better match your individual situations.

Evaluations are prepared by the Department based on a basic formula, but can be modified under various circumstances (up or down) based upon factors such as the expense of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular costs), if a child has additional health or medical requirements, if a parent is income poor but ‘asset rich’, and so on. Other circumstances also use. The modification of assessment procedure can be complicated and we can assist in preparing the required paperwork and preparing you for the road ahead.

Grovedale 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 permits a private arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a considerable sum of money, including the costs associated with property settlement negotiations or litigation if the parties separate. It can be compared to income protection insurance coverage or life insurance.

For separated couples in Grovedale 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 completely settle spousal maintenance obligations.

Family Violence

Family violence (likewise referred to as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to provide security to the victim, however the Family Court and Federal Circuit Court will take any accusations of domestic violence into consideration when figuring out future parenting arrangements for kids.

The traditional meaning of domestic violence (physical and sexual assault) 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 causes them to fear for their security or wellbeing.

Many individuals in Grovedale might now be shocked to discover that domestic violence orders can be made if a person in the relationship undertakes unauthorised monitoring of the other such as reading their text messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified 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 lived together on a real 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 Grovedale.

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

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