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Visitation Rights Highlands VIC

Visitation Rights Highlands Divorce And Separation Lawyers In Highlands

Australian Law operates on the principle of no-fault divorce. This means that a court does rule out why the marital relationship ended. The Court has the ability to approve 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 must has been separated for a minimum of twelve months and one day. This suggests a person can not request divorce up until the parties have actually been separated for twelve months and one day.

It is possible for a couple in Highlands to be separated however to continue living in the 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 during this time.

If there are kids 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 totally separately from other proceedings in between the husband and wife and there is no commitment on a party to start divorce proceedings before doing something about it in relation to any other aspect of the marital relationship breakdown. Nevertheless if either party to the marital relationship wishes to re-marry they must request a divorce.

It is very important to be aware that procedures for property settlement and spousal maintenance must be commenced 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 do not need us to tell you what child assistance is or to get a general concept of what your obligation (or entitlement) will be.

There is a fast children support 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 assist you with a few of the lower recognized areas and intricacies, and assist you to strategically prepare your child support plans and obligations for the future to make sure the best possible plan is in place given your and the other moms and dads circumstances.

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

Some areas that Our Family Law Highlands can help you with consist of:

Advising you regarding your choices relating to child support which might consist of arranging a private child support agreement, in either a minimal or binding child support arrangement.

Private arrangements provide certainty for both parents for a longer period of time (no continual reassessments each year or more), enable greater versatility in the approach of payment (direct funding in periodic or lump sums, or payment of educational, medical and extracurricular expenses in part or in lieu), and remove the need to handle the bureaucracy of the Department.

Assisting In Steps To Recover Unsettled Child Assistance In Highlands

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 spouse at the worldwide airport gate terminal.

Assisting you to change the Department assessed child support amount to better suit your specific situations.

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

Highlands Pre-nuptials And Financial Agreements

Financial arrangements (also 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 essentially enables a private arrangement to be formalised and precludes the later participation 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 litigation if the parties separate. It can be compared with earnings protection insurance or life insurance.

For separated couples in Highlands looking for to finalise 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 monetary agreement can permanently finalise spousal maintenance obligations.

Family Violence

Family violence (likewise called domestic violence) is taken very seriously by the Courts, not only are orders available (in the Magistrates Court) to offer security to the victim, but 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 widened 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 person and causes them to fear for their safety or wellbeing.

Many individuals in Highlands might 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 e-mail 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 married couples.

Despite not sealing their relationship with a ring, a couple (heterosexual or homosexual) who have actually 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 residential or commercial property of the other or the welfare of the family) are thought about to be a legal entity for the purpose of family law Highlands.

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

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