A family breakup may quickly become a complicated legal maze for families to manage, on top of being a difficult and emotionally challenging time for the kids involved. The goal of skilled and experienced family lawyers is to reduce unnecessary tension. To get outcomes that are in your and your family’s best interests, these experts take the time to learn about your situation and give you the correct legal advice.
Insight Into The No-Fault Divorce and Separation Laws For Better Understanding
Delving deeper into the laws governing separation and divorce
Strategic Family Lawyers undertake the onus to counsel and support parties to any separation or divorce suit. An order from the Federal Circuit and Family Courts terminating a marriage is considered a divorce.
Obtaining a divorce does not require a party to be at fault. That is, the judge does not consider the marriage breakdown while deciding whether to grant a divorce order or not.
There needs to be an irreparable collapse in the marriage, and no realistic chance of reconciliation before a divorce order can be obtained. If the couples have lived apart and separately for at least a year, this can be a legal ground for divorce.
Filing for a divorce
One party may file for divorce on their own, or both parties may file a joint petition. If both spouses agree, at least one of them must:
- View Australia as their residence and want to remain there permanently; or
- Possess Australian citizenship by birth, descent, or grant; or
- Regularly reside in Australia and therefore have achieved so for 12 months before requesting a divorce.
Well before the Divorce Order is granted, suitable arrangements for any children born during the marriage must be made.
Before filing for divorce, you can commence talks or property settlement procedures. Remember that you have one year from the date your divorce was granted to start the property settlement process.
A divorce decree will formally terminate the marriage, but it will not resolve issues like how you raise your kids, how much you pay in child support, how your assets will be divided, or how you will support your spouse.
As mediators, the role of a family lawyer is to serve as an unbiased third party who facilitates communication between spouses. They do not side with one party over the other or force their opinion on the parties, unlike the judicial system. Family lawyers can help you resolve post-separation conflicts about children, property distribution, and child support.
Housing and parenting
When parents can agree on future housing and parenting responsibilities for their children, it is advantageous for everyone involved. However, you might require legal counsel to do this if you and your spouse have disagreements with the above.
When parents can settle outside court, that settlement is documented in writing, signed, and maintained on file as a parenting plan. Alternatively, the parenting agreement may be formally recorded and registered with any Family Court. Like a settlement with consent orders, which will allow the court to issue a parenting order with approval.
