Call Us 1300 241 740

Visitation Rights Havelock VIC

Visitation Rights Havelock Divorce And Separation Lawyers In Havelock

Australian Law operates on the concept of no-fault divorce. This indicates that a court does not consider why the marital relationship ended. The Court is able to approve a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marital relationship has broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This implies a person can not apply for divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Havelock to be separated but to continue living in the exact same house 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 throughout this time.

If there are kids aged under 18 years of age, a Court will just approve a divorce if it is satisfied that proper arrangements have been made for them.

Divorce proceedings are conducted completely individually from other proceedings in between the husband and wife and there is no responsibility on a party to commence divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marriage wishes to re-marry they must make an application for a divorce.

It is essential to be mindful that proceedings for property settlement and spousal maintenance need to be started within one year of the divorce. Applications can just be made after this duration with the approval of the Court, and this is challenging to get.

Child Support

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

There is a quick children support 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 determine child assistance can be a complex and painful minefield. We can assist you with a few of the lower known areas and intricacies, and assist you to strategically plan your child support plans and responsibilities for the future to ensure the very best possible plan remains in place offered your and the other parents situations.

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

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

Advising you regarding your choices regarding child assistance which might include setting up a personal child assistance arrangement, in either a minimal or binding child assistance agreement.

Personal agreements provide certainty for both moms and dads for a longer time period (no continual reassessments each year or more), enable greater 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 remove the need to handle the administration of the Department.

Helping In Steps To Recover Unpaid Child Support In Havelock

We can assist 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 lawsuits through the Court or more serious steps such as recovering the debt from a recalcitrant partner at the international airport gate terminal.

Helping you to modify the Department examined child assistance amount to better match your specific situations.

Assessments are prepared by the Department based upon a standard formula, but can be altered under various circumstances (up or down) based on aspects such as the cost of maintaining the kid in the way the parents intended (e.g.: private education or additional extracurricular expenses), if a kid has extra health or medical requirements, if a moms and dad is earnings poor but ‘asset rich’, and so on. Other circumstances also apply. The modification of evaluation process can be made complex and we can assist in preparing the required documents and preparing you for the road ahead.

Havelock Pre-nuptials And Financial Agreements

Financial arrangements (likewise known informally as ‘pre-nups’) are not for everybody, 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 arrangement to be formalised and prevents the later involvement of the Family Court. Therefore having such an arrangement can save a substantial sum of money, including the costs connected with property settlement negotiations or lawsuits if the parties separate. It can be compared to earnings protection insurance or life insurance.

For separated couples in Havelock looking for 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 permanently settle spousal maintenance responsibilities.

Family Violence

Family violence (likewise referred to 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 children.

The traditional definition of domestic violence (physical and sexual assault) was broadened in late 2012 and now incorporates a much wider scope of behaviours such as:

  •  emotional and psychological abuse
  • financial abuse
  • threatening behaviour
  • behaviour which is coercive
  • behaviour which controls or dominates another individual and triggers them to fear for their safety or wellbeing.

Many individuals in Havelock 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 messages, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance identified in the Family Court alongside married couples.

Regardless of not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually cohabited on a genuine 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) are thought about to be a legal entity for the purpose of family law Havelock.

De facto spouses must not fear that they need to 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.

Business Results 1 - 10 of 0

 
 

About: admin2017