Skip to content
Home » Reasons To Get Legal Advice For A Divorce

Reasons To Get Legal Advice For A Divorce

If you’re thinking of the possibility of divorce or have been in a long-term , de facto relationship and have decided to separate it’s crucial to seek the correct legal guidance.

In the last few years divorce rates within Australia have been declining However, there is a possibility that post-pandemic when the courts begin functioning at their full capacity the divorce rate will increase.

Lockdowns have been an essential element of the pandemic prevention strategy, however they have 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 separation may be the best path to move forward.

While it’s not unusual in 澳洲 离婚 remains an extremely delicate topic, not because it’s taboo however, it could cause a significant amount of stress, especially 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 long over divorce prior to when they decide to move forward.

Psychologists are of the opinion that if separation or divorce is handled in a peaceful manner and without a fight, it’s the most effective option.

This is why seeking out the expertise of a specialist divorce lawyer could be advantageous. A lawyer is neutral and therefore can eliminate the emotional element of the divorce process.

A lawyer can reduce how much time that couples have to devote to settling custody and assets independently and reduce the frequency of disputes and, as a result 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

A lawyer will safeguard 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 divorce proceedings themselves.

Under Australia’s “no fault” divorce system, you can obtain divorced without the need of an attorney. It is as easy as submitting your application online.

It is not necessary to prove that someone led to the breakup It’s enough to prove that the relationship is broken beyond repair.

Couples are required to remain separate for a minimum of 12 months prior to being able to file for divorce, regardless of how long they’ve been married for.

If you divorce but are in the same roof, which some couples do due to reasons of convenience, finances for example, or in order to help their kids into separation, you must show that the relationship is indeed over.

There are time limits in the process of requesting divorce. For instance, if you have been married more than 2 years it is a requirement for couples to go through counseling sessions before the family court accepts the application.

Also, there’s a time limit for divorce proceedings in relation to property and finances settlements. There is a 12-month timeframe to access the Court for any arbitration needed.

Custody of children

If couples are unable to 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 required to go through mediation first.

Some couples aren’t concerned about divorce, however it’s recommended because if you do meet someone in the near future and wish to marry and again the divorce needs to be finalized.

In the event of a divorce, your marriage won’t be legally recognized. Bigamy or Polygamy is illegal in Australia however it isn’t illegal to be in more than one legal relationship simultaneously.

What If What If I Was Married Overseas?

If you are in Australia as a resident or citizen or resident, you may request divorce in this country regardless of whether you were married in another country.

You’ll require a copy of the marriage certificate. If the certificate is not written in English the additional documents need to be supplied, and an attorney can help comprehend.

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 each specializes 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 concern is your own safety.

Research shows that the most risky moment for victims is that the relationship is coming to an 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 legal safeguards you can implement to safeguard yourself, should you need to. They can also help you find specialist assistance.

De Facto Relationships

The Family Law Act 1975 deals with de facto relationships. In this law a de facto relationship is defined as being a relationship in which a couple are not tied to one another and is not related and are living as a couple an individual basis.

In this Act post-separation agreements, which may encompass property, financial or custody issues need proof that the relationship first began.

It can be a challenge. The marriage is, however comes with a valid certificate, which is typically regarded legally as the “starting point” for the marriage.

A qualified family or divorce lawyer can guide you through what you must prove the longevity of your relationship and to make sure that custody is decided if children are in the relationship.

A lawyer can help you determine your rights in relation 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 both or one of them are younger than 17 years old age, they don’t need special consent from the courts, or a person cannot provide in writing consent to the wedding to take place.
The marriage is forbidden (siblings like siblings, for instance are not allowed to marry).
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 were already married.

Spiritual annulments, as granted by certain religions, aren’t considered legal annulments.

Find The Right Support

In addition to being legal, there’s additional considerations to be considered too.

Divorce doesn’t just mean that a couple is ending their marriage or relationship. Parties also require time to think and recover.

Therefore, getting the appropriate emotional help and accessing counselling needs to be element of this process.

Getting financial planning advice to ensure your future, and making adjustments in your will if you wish should also be taken into account.