Call Us 1300 241 740

Visitation Rights Hazelwood South VIC

Visitation Rights Hazelwood South Divorce And Separation Lawyers In Hazelwood South

Australian Law operates on the principle of no-fault divorce. This indicates that a court does rule out 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 marriage has actually broken down irretrievably the couple must has been separated for a minimum of twelve months and one day. This means an individual can not request divorce till the parties have actually been separated for twelve months and one day.

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

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

Divorce procedures are conducted completely separately from other proceedings in between the couple and there is no responsibility on a party to commence divorce proceedings prior to 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 should request a divorce.

It is very important to be aware that proceedings for property settlement and spousal maintenance must 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 challenging to acquire.

Child Support

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

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

Nevertheless, the child support system and the formula used to compute child support can be a complex and painful minefield. We can assist you with some of the lesser recognized areas and complexities, and assist you to tactically plan your child support arrangements and obligations for the future to make sure the best possible arrangement remains in place provided your and the other parents scenarios.

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

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

Advising you regarding your choices concerning child support which might consist of arranging a personal child assistance arrangement, in either a restricted or binding child support arrangement.

Personal agreements offer certainty for both parents for a longer time period (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 expenses in part or in lieu), and get rid of the need to deal with the administration of the Department.

Assisting In Steps To Recover Unpaid Child Support In Hazelwood South

We can assist in converting the unsettled 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 steps such as recovering the unpaid debt from a recalcitrant partner at the global airport gate terminal.

Assisting you to modify the Department evaluated child assistance amount to much better suit your individual circumstances.

Evaluations are prepared by the Department based upon a standard formula, however can be altered under different situations (up or down) based upon factors such as the expense of maintaining the child in the way the moms and dads intended (e.g.: private education or extra extracurricular expenses), if a child has additional health or medical needs, if a moms and dad is earnings poor but ‘asset rich’, etc. Other scenarios also apply. The change of assessment procedure can be complicated and we can help in preparing the required paperwork and preparing you for the road ahead.

Hazelwood South Pre-nuptials And Financial Agreements

Financial agreements (also known colloquially as ‘pre-nups’) are not for everybody, 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 enables a personal arrangement to be formalised and precludes the later involvement of the Family Court. For that reason having such an agreement can save a significant amount of money, including the expenses connected with property settlement negotiations or litigation if the parties separate. It can be compared to earnings protection insurance coverage or life insurance.

For separated couples in Hazelwood South seeking to settle their responsibilities 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 financial agreement can permanently 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 provide protection to the victim, however 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 meaning 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 causes them to fear for their security or wellbeing.

Many individuals in Hazelwood South may now be surprised to find that domestic violence orders can be made if a person in the relationship undertakes unauthorised surveillance of the other such as reading their text, monitoring their email account or internet 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 residential or commercial property settlement and spousal maintenance determined in the Family Court together with married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have 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 Hazelwood South.

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

Business Results 1 - 10 of 0

 
 

About: admin2017