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Visitation Rights Hiamdale VIC

Visitation Rights Hiamdale Divorce And Separation Lawyers In Hiamdale

Australian Law operates on the principle of no-fault divorce. This indicates that a court does not consider why the marriage ended. The Court is able to grant a divorce if there has been an irretrievable breakdown of marriage. In order to satisfy the Court that the marriage has broken down irretrievably the couple must has been separated for at least twelve months and one day. This implies an individual 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 Hiamdale to be separated however to continue living in the very same home during the twelve months, which is known 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 only give a divorce if it is satisfied that correct arrangements have been made for them.

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

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

Child Support

You do not require us to inform you what child assistance is or to get a basic concept of what your responsibility (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.

However, the child support system and the formula used to determine child support can be a complex and painful minefield. We can assist you with some of the lesser known areas and complexities, and assist you to strategically plan your child support plans and responsibilities for the future to ensure the best possible arrangement is in place given your and the other moms and dads circumstances.

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

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

Advising you regarding your choices regarding child assistance which might consist of organizing a private child assistance arrangement, in either a restricted or binding child assistance arrangement.

Personal arrangements provide certainty for both parents for a longer period of time (no continuous reassessments each year or more), enable higher flexibility 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 bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Hiamdale

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

Assisting you to change the Department evaluated child assistance amount to much better suit your individual situations.

Assessments are prepared by the Department based upon a basic formula, but can be altered under various situations (up or down) based on aspects such as the expense of maintaining the kid in the way the parents planned (e.g.: private education or extra extracurricular costs), if a kid has extra health or medical requirements, if a parent is income poor but ‘asset rich’, etc. Other scenarios also use. The change of assessment procedure can be made complex and we can assist in preparing the required documentation and preparing you for the road ahead.

Hiamdale Pre-nuptials And Financial Agreements

Monetary agreements (likewise known colloquially as ‘pre-nups’) are not for everybody, nevertheless they can be beneficial:

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 enables a personal arrangement to be formalised and precludes the later participation of the Family Court. For that reason having such an arrangement can save a considerable sum of money, consisting of 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 Hiamdale seeking to settle 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 financial agreement can permanently settle spousal maintenance obligations.

Family Violence

Family violence (also referred to as domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security 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 meaning of domestic violence (physical and sexual assault) was expanded in late 2012 and now encompasses 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 individual and triggers them to fear for their safety or wellbeing.

Lots of people in Hiamdale might now be surprised to find that domestic violence orders can be made if an individual in the relationship carries out unauthorised surveillance of the other such as reading their text messages, 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 along with couples.

Despite 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 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 thought about to be a legal entity for the purpose of family law Hiamdale.

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

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