If you’re thinking of the possibility of divorce or have been in a long-term , de facto relationship and have decided to separate you must seek the appropriate legal guidance.
In the last few years divorce rates across Australia have been declining There are however fears that post-pandemic when the courts begin operating at full capacity the divorce rate will rise.
Lockdowns have been an essential element of the government’s pandemic control strategy, however they have put immense stress on people as well as families, and everyone is dealing differently.
For those who are emotionally strained, the financial burden may be too much and separation could be the best option to move forward.
While it’s not unusual in Australia divorce, it is an extremely delicate topic, not because it’s taboo but due to the fact that it can be a very damaging experience, particularly for children.
This isn’t a decision that should be taken lightly, and a lot of couples definitely do not. Studies suggest that couples have considered long and deeply over divorce prior to when they decide to move forward.
Psychologists are of the opinion that if divorce or long-term separation is handled in a peaceful manner and without a fight, it’s the most effective option.
This is the reason why seeking the assistance of a divorce lawyer could be advantageous. A lawyer is neutral and thus can remove the emotional aspect of the 澳洲 离婚 process.
A lawyer can reduce what time that couples must spend deciding custody and assets by themselves which reduces the amount of disputes and, as a result lessening stress for both of the parties.
Here are seven benefits to hiring an attorney for divorce.
Getting A Divorce
7 Benefits of hiring an divorce lawyer
Lawyers will defend the rights of their clients during the course of ensuring that the custody arrangements and financial settlements are fair and fair.
It’s crucial to keep in mind that financial settlements and custody are separate from divorce proceedings themselves.
In Australia’s “no fault” divorce system, you are able to get divorced without having to hire an attorney. It is as simple as filing online.
You don’t have to prove that someone been the cause of the relationship’s end You only need to prove that the relationship is broken beyond repair.
Couples have to live apart for a minimum period of 12 months before they are eligible to seek a divorce, regardless of how long they’ve been married for.
If you divorce but are living under the same roof, which some couples do due to reasons of convenience, finances as well as to allow their children to transition into the separation process you must show that the relationship is indeed over.
There are no time limitations in the process of requesting divorce. For instance, if you were married for more than 2 years it is a requirement for couples to go through counselling sessions prior to the family court accepts your divorce application.
Additionally, there is a time limit during the divorce process that is that relates to property and financial settlements. There is a 12 month deadline to access the Court in the event that arbitration is needed.
Custody of children
If couples can’t reach an agreement on the custody arrangements and living arrangements for their children The Family Court can decide. But, if families decide to have their issues resolved by the Family Court, they are obliged to first go through mediation.
Some couples aren’t concerned about divorce, however it’s recommended because if you have a relationship with someone else in the future and decide to marry and again the divorce needs to be formally concluded.
In the event of a divorce, your marriage won’t be recognized legally. Bigamy is also known as Polygamy is illegal in Australia However, it’s not illegal to be in more than one legal relationship simultaneously.
What If What If I Was Married Overseas?
If you reside in Australia as a resident or citizen and you are eligible to request divorce in this country regardless of whether you were married abroad.
You’ll need a copy your marriage certificate . If the certificate is not written in English the additional documents need to be supplied, and an attorney can help get to know.
Even when your marriage took place in another state, it’s no issue which state you file divorce in Australia since there are two courts in Australia: the Family Court and the Federal Circuit Court (which both deal with matters pertaining to family law) are based on a national basis.
Domestic or Family Violence
If the marriage or relationship has ended due to violence, then the primary concern is your own safety.
Research shows that the most risky time for victims is when the relationship is about to end.
It is essential to have a safe place to stay and also have the right assistance.
A lawyer and police can assist you in understanding the proper legal procedures you can implement to safeguard yourself, should you need to. They can also assist you to find specialist assistance.
De Facto Relationships
The Family Law Act 1975 deals with de facto relationships. According to this law a de facto relationship is defined as an individual’s status as a couple who are not tied to one another and is they are not related however, they live as a couple the basis of domestic.
In this Act Post-separation settlements, which comprise property, financial or custody issues need proof that the relationship started.
This isn’t always easy. The marriage is, however comes with a valid certificate that is generally regarded by law as the “starting point” for the marriage.
A qualified family or divorce lawyer will assist you in understanding what you must accomplish to establish the long-term validity of your relationship and to make sure that custody is established if children are involved.
A lawyer can also assist you to determine your rights in relation to asset or property.
What is an annulment?
An Annulment signifies that your marriage has been declared null and null. It’s distinct from a divorce. An annulment of a marriage may occur under the following conditions:
If both or one of them are younger than 17 years old age, you don’t require consent from the courts, or a person cannot provide an informed consent for the wedding to take place.
The union is not permitted (siblings for instance are not allowed to marry).
The legal requirements weren’t fulfilled. For instance when the person officiating isn’t legally authorized to officiate at a wedding.
If one of the parties was forced into marriage
One or both were already married.
Spiritual annulments, which are granted by certain religions, do not count as legal annulments.
Find The Right Support
Apart from being legal, there’s other aspects to consider too.
Divorce doesn’t just mean that a couple is ending their marriage or relationship. Both parties need time to think and recover.
Thus, obtaining the proper emotional help and accessing counselling needs to be an integral element of this process.
Getting financial planning advice to safeguard your future and making adjustments on your estate plan, if you wish is also something to take into account.
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