Call Us 1300 241 740

Visitation Rights Hawthorn North VIC

Visitation Rights Hawthorn North Divorce And Separation Lawyers In Hawthorn North

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

It is possible for a couple in Hawthorn North to be separated however to continue residing in the exact same house during the twelve months, which is referred to 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 during this time.

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

Divorce procedures are conducted completely individually from other proceedings between the couple and there is no obligation on a party to commence divorce proceedings prior to doing something about it in relation to other aspect of the marriage breakdown. However if either party to the marital relationship wants to re-marry they must apply for a divorce.

It is necessary to be conscious that procedures for property settlement and spousal maintenance must be commenced 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 acquire.

Child Support

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

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

Nevertheless, the child support system and the formula used to determine child assistance can be a complex and painful minefield. We can help you with a few of the lesser known areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the very best possible plan remains in place given your and the other parents scenarios.

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

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

Advising you regarding your choices relating to child support which may consist of setting up a private child assistance arrangement, in either a minimal or binding child support arrangement.

Private agreements provide certainty for both moms and dads for a longer period of time (no continual 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 expenses in part or in lieu), and get rid of the need to handle the bureaucracy of the Department.

Helping In Steps To Recover Unsettled Child Support In Hawthorn North

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

Helping you to alter the Department assessed child assistance amount to better match your specific circumstances.

Evaluations are prepared by the Department based on a basic formula, however can be modified under various circumstances (up or down) based upon aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or additional extracurricular costs), if a child has extra health or medical needs, if a moms and dad is income poor but ‘asset rich’, and so on. Other scenarios also apply. The modification of assessment procedure can be made complex and we can help in preparing the required documents and preparing you for the road ahead.

Hawthorn North Pre-nuptials And Financial Agreements

Monetary arrangements (likewise known informally as ‘pre-nups’) are not for everybody, 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 allows a personal arrangement to be formalised and prevents the later participation of the Family Court. For that reason having such an arrangement can save a substantial amount 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 Hawthorn North seeking to settle their commitments 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 financial agreement can completely finalise spousal maintenance commitments.

Family Violence

Family violence (likewise known as domestic violence) is taken very seriously by the Courts, not just are orders available (in the Magistrates Court) to offer protection to the victim, however the Family Court and Federal Circuit Court will take any allegations of domestic violence into consideration when identifying future parenting arrangements for children.

The traditional definition of domestic violence (physical and sexual abuse) was expanded 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 individual and causes them to fear for their safety or wellbeing.

Many individuals in Hawthorn North might now be shocked to find that domestic violence orders can be made if a person in the relationship carries out unauthorised monitoring of the other such as reading their text messages, monitoring their e-mail account or web 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 property settlement and spousal maintenance determined in the Family Court along with couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have cohabited on an authentic 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 residential or commercial property of the other or the welfare of the family unit) are considered to be a legal entity for the purpose of family law Hawthorn North.

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

Business Results 1 - 10 of 11

Mark Shenken
2 Reviews
Phone:
285 Carlisle St, Suite 14, Balaclava Victoria 3183, Australia
Pentana Stanton Lawyers
1 Reviews
Phone:
Level 9, 124 Exhibition St, Melbourne Victoria 3000, Australia
Held Adam G.
1 Reviews
Phone:
184-186 Glenferrie Rd, Floor 184, Malvern Victoria 3144, Australia
Dribbin & Brown Criminal Lawyers
1 Reviews
Phone:
441 South Rd, Level 1, Moorabbin Victoria 3189, Australia
Berger Kordos Lawyers
2 Reviews
Phone:
326 William St, Level 2, Melbourne Victoria 3000, Australia
Earl & Associates
1 Reviews
Phone:
83 William St, Level 2, Melbourne Victoria 3000, Australia
Provey Conveyancing
1 Reviews
Phone:
459 Collins St, #11, Melbourne Victoria 3000, Australia
Paul Reynolds
1 Reviews
Phone:
Level 9, 555 Lonsdale St, Melbourne Victoria 3000, Australia
Henry Carus & Associates
3 Reviews
Phone:
Level 11, 607 Bourke St, Melbourne Victoria 3000, Australia
Tan & Tan
1 Reviews
Phone:
140 Bourke St, Level 7, Melbourne Victoria 3000, Australia
 
 

About: admin2017