If you’re thinking of the possibility of divorce or have been in a long-term , de facto relationship, and you’re now splitting it’s crucial to seek the appropriate legal guidance.
For the past few years divorce rates across Australia have been decreasing There are however fears that post-pandemic, once the courts are operating at full capacity the rate of divorce could rise.
Lockdowns have been an essential component of the pandemic prevention strategy, but they’ve caused immense stress to individuals and their families, and everyone has a different way of dealing with it.
For certain people, the emotional and financial burden may be too much, and separating may be the best path for them to move on.
While it’s not unusual in Australia divorce, it is an extremely sensitive subject not because it’s taboo however, it could be a very damaging experience, particularly for children.
It’s not a choice to be taken lightly. Many couples do not. Studies suggest that couples have considered long and long over divorce prior to when they decide to proceed.
Psychologists believe that if a separation or divorce can be resolved amicably this is the most effective option.
This is why seeking out the expertise of a specialist divorce lawyer could be advantageous. A lawyer is neutral and thus can eliminate the emotional element of the divorce process.
A lawyer can reduce what time that couples must spend deciding matters regarding custody and assets independently and reduce the frequency of disputes and, consequently lessening stress for both of the parties.
Here are seven benefits to hiring divorce lawyers.
Getting A Divorce
7 Benefits of hiring an divorce lawyer
Lawyers will defend their client’s rights during the legal process to ensure 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 澳洲 离婚 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.
It is not necessary to prove who been the cause of the relationship’s end It’s enough to prove that the relationship is broken beyond repair.
Couples are required to remain separate for a minimum period of 12 months prior to being able to file for divorce, regardless of the length of time they’ve been married for.
If you divorce but are in the same roof, as some couples do due to reasons of convenience, finances as well as to allow their children to transition into separation, you should also demonstrate that your relationship is indeed over.
There are time limits for divorce applications. For instance, if were married for under two years it is a requirement that couples attend counselling sessions prior to the family court can accept the application.
Also, there’s a time limit for divorce proceedings in relation to property and finances settlements. There is a 12 month deadline to access the Court for any arbitration needed.
Custody of children
If couples can’t come to an agreement regarding the custody arrangements and living arrangements for their children If they are unable to agree on custody and living arrangements for their children, the Family Court can decide. If families decide to have their issues resolved through 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 your divorce will have to be finalized.
If you do not, the wedding will not be legally recognized. Bigamy is also known as Polygamy is illegal in Australia However, it’s not legal to have more than one legally binding relationship simultaneously.
What If What If I Was Married Overseas?
If you are in Australia as a resident or citizen and you are eligible to seek divorce in the country regardless of whether you were married abroad.
You’ll need a copy your marriage certificate . If you don’t have it in English the additional documents need to be submitted, which lawyers can assist you to get to know.
Even when your marriage took place in another state, it’s no issue the state in which you file your divorce in Australia as 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 an actual or de facto relationship is ending due to violence, then the primary concern is your own safety.
Research shows that the most risky time for victims is that the relationship is coming to an end.
It is essential to have a safe place to go , and to have enough assistance.
A lawyer and police can help you comprehend the proper legal procedures you can set up 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. In this law the term “de facto relationship” is defined as being a relationship in which a couple isn’t tied to one another and is they are not related and are living as a couple the basis of domestic.
In this Act Post-separation settlements, which encompass property, financial or custody issues, need proof that the relationship first began.
It can be a challenge. The marriage is, however is accompanied by a date-stamped certificate, which is typically regarded by law as the “starting point” in the union.
A qualified family or divorce lawyer will assist you in understanding what you have to accomplish to establish the long-term validity of your relationship and to make sure that custody is established if children are in the relationship.
A lawyer can help you know your rights with regard to asset or property.
What is an Annulment?
An Annulment is a declaration it is null unenforceable. It is different from divorce. An annulment of a marriage may occur in the following situations:
If either or both of the parties are younger than 17 years old age, you don’t require legal approval from the court, and if a person is unable to give in writing consent to the marriage to be held.
The marriage is forbidden (siblings like siblings, for instance can’t get married).
The legal requirements weren’t satisfied. For instance that the person who officiates is not authorized to officiate at a wedding.
If one of the parties was forced to marry
One or both of the parties was already married.
Spiritual annulments, which are granted by certain religions, aren’t considered legal annulments.
Get the Right Support
Apart from that legal element, you have additional considerations to be considered too.
Divorce doesn’t just mean ending a marriage, or a relationship. Both parties need time to think and recover.
Therefore, getting the appropriate emotional assistance and counselling should be an integral component in the treatment process.
Getting financial planning advice to safeguard your future and making modifications in your will should you want to is also something to take into account.
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