If you’re thinking of the possibility of divorce or you’ve been in a lengthy de facto relationship, and you’re now splitting you must seek the correct legal guidance.
In the last few years the divorce rate across Australia have been decreasing There are however fears that post-pandemic, once the courts begin operating at full capacity the divorce rate will increase.
Lockdowns have been an essential component of the government’s pandemic control strategy, but they’ve caused immense stress to individuals as well as families, and everyone has a different way of dealing with it.
For those who are emotionally strained, the financial burden could be too much, and separating may be the best path for them to move on.
While it’s not an uncommon thing in Australia divorce remains an extremely sensitive subject not because it’s taboo however, it could be a very damaging experience, particularly for children.
This isn’t a decision that should be taken lightly, and a lot of couples do not. It is believed that many couples have considered long and long over divorce prior to when they decide to proceed.
Psychologists believe that if a divorce or long-term separation is handled in a peaceful manner and without a fight, it’s the best choice.
This is the reason why seeking the assistance of a divorce lawyer could be advantageous. A lawyer is neutral and thus can eliminate the emotional element of the divorce process.
A lawyer can reduce how much time that couples have to devote to settling matters regarding custody and assets by themselves which reduces the amount of disputes and, consequently lessening stress for each of the parties.
Here are seven benefits to hiring divorce lawyers.
Getting A Divorce
7 Benefits of hiring a divorce lawyer
Lawyers will defend the rights of their clients during the course of ensuring that financial settlements and custody arrangements are fair and fair.
It is important 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 the need of an attorney. It is as simple as filing online.
You don’t have to prove who been the cause of the relationship’s end You only need to prove that the relationship has deteriorated 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 split but continue in the same roof, which certain couples do for reasons of convenience, finances as well as to allow their children to transition into separation, you should also show that the relationship is indeed over.
There are time limits for 澳洲 离婚 applications. For instance, if you were married for under two years it’s required for couples to go through counselling sessions prior to the family court accepts the application.
Also, there’s a time limit during the divorce process that is that relates to property and financial settlements. There is a 12-month timeframe to access the Court in the event that arbitration is needed.
Custody of children
If couples can’t come to an agreement regarding the custody and living arrangements of their children The Family Court can decide. But, if families decide to resolve these issues by the Family Court, they are obliged to first go through mediation.
Some couples aren’t concerned about divorce, however it’s an excellent idea in the event that you have a relationship with someone else in the future and decide to marry in the future the divorce needs to be finalized.
If you do not, the marriage won’t be legally recognized. Bigamy is also known as polygamy, is a crime in Australia However, it’s not legal to have more than one legally binding relationship at the same time.
What If What If I Was Married Overseas?
If you reside in Australia as a resident or citizen or resident, you may seek divorce in the country regardless of whether you were married in another country.
You’ll require a copy of the marriage certificate. If you don’t have it in English the additional documents need to be supplied, and lawyers can assist you to get to know.
Even even if the couple was married in another state, it’s not a problem the state in which you file your divorce in Australia as family courts like the Family Court and the Federal Circuit Court (which both deal with matters pertaining to family law) function on a nationwide basis.
Domestic or Family Violence
If an actual or de facto relationship has ended due to violence, then the primary priority is safety for the individual.
Research has consistently shown that the most risky moment for victims is that the relationship is coming to an end.
It’s crucial to have a safe place to stay and also have the right assistance.
A lawyer and police can assist you in understanding the legal safeguards you can implement to safeguard yourself, in the event of a need. They can also help you 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 being a relationship in which a couple are not tied to one another and are not related however, they live as a couple the basis of domestic.
In this Act Post-separation settlements, which encompass property, financial or custody issues, must be accompanied by proof of when the relationship first began.
This isn’t always easy. The marriage however is accompanied by a date-stamped certificate, which is typically regarded by law as the “starting point” for the marriage.
A qualified family or divorce lawyer will guide you through what you must prove the longevity of the relationship , and also make sure that custody is established if children are involved.
A lawyer can help you determine your rights in relation to assets or property.
What is an annulment?
An Annulment is a declaration it is null null. It’s distinct from a divorce. Marriages can be annulled in the following situations:
If either or both of the parties are younger than 17 years old age, they don’t need special legal approval from the court, and if one cannot provide in writing consent to the marriage to be held.
The union is not permitted (siblings for instance are not allowed to marry).
The legal requirements weren’t satisfied. For instance that the person who officiates isn’t legally authorized to officiate at a wedding.
If one of the parties was forced into marriage
One or both of the parties was already married.
Spiritual annulments, as granted by certain religions, do not count as legal annulments.
Find The Right Support
In addition to being legal, there’s other aspects to consider too.
Divorce is not only that a couple is ending their marriage, or a relationship. Both parties need time to think and recover.
Thus, obtaining the proper emotional assistance and counselling should be element in the treatment process.
The need to seek financial planning advice in order to ensure your future, and making modifications in your will should you want to should also be taken into account.
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