Family Law – The importance of a instructing a lawyer when applying for divorce
If counseling and other methods of reconciliation don’t work you may have to realize that your marriage has irretrievably broken down and the only option you have is to Divorce.
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
The first question is that of eligibility, you may apply for a Divorce if either you or your spouse:
>> regard Australia as your home and intend to live in Australia indefinitely, or
>> are an Australian citizen by birth, descent or by grant of Australian citizenship, or
>> ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
The second question is to satisfy and prove to the Court that:
>> your marriage has irretrievably broken down and there is no likelihood of both of you resuming married life;
>> you have lived separately and apart for at least 12 months and 1 day; and
>> proper arrangements have been made for children aged under 18.
The Court is not there to listen to why your marriage has ended it is simply concerned with satisfying the above elements. This is called the principle of no-fault Divorce as established by The Family Law Act 1975.
An issue which often complicates this process is where due to financial circumstances you and your spouse despite being separated still live under the same roof. Evidence will have to be called to prove to the Court that you and your spouse have lived separate lives under this scenario.
In some circumstances your marriage may not have lasted more than two years. In such case if you want to apply for a divorce, you must either:
>> attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse, or
>> if you have not attended counselling, seek permission of the Court to apply for a divorce.
You and your spouse must also have been separated for at least 12 months before applying for a Divorce.
Another common scenario is where you were married overseas. Either you or your spouse can apply for a divorce in Australia if either of you:
>> regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
>> are an Australia citizen by birth or descent
>> are an Australia citizen by grant of an Australia citizenship
>> ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
As stated above one of the most important elements in a Divorce is to satisfy the Court that proper arrangements have been made for children aged under 18.
If you and your spouse agree on the future arrangements of your children during separation or Divorce, LAC Lawyers can help you by:
>> preparing a parenting plan(a parenting plan is a written agreement that sets out parenting arrangements for children), or
>> obtain consent orders (written agreement that is approved by a court)
If you and your spouse are unable to agree on future arrangements of your children, LAC Lawyers can help you by applying to the Court for a parenting order or consent orders. In accordance with section 64B of the Family Law Act we will ensure that the parenting orders deal with one or more of the following:
>> the person or people with whom a child is to live
>> the time a child is to spend with another person or other persons
>> the allocation of parental responsibility for a child and, if two or more people are to share parental responsibility for a child, how they are to consult with one another about decisions to be made in the exercise of that responsibility
>> how the child will communicate with another person or other persons
>> child maintenance (providing for the financial support of a child who is not subject to the provisions of the Child Support Assessment Act)
>> the steps to be taken before an application is made to a court for a variation of the order (to take account of the changing needs or circumstances of a child or the parties)
>> the process to be used for resolving disputes about the terms or operation of the order, and
>> any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.
Once you have ensured the best interests of the children are satisfied what about your property and money? If you can agree on how your property is to be divided we can:
>> prepare a financial agreement, or
>> apply for consent orders in which you ask the Court to make orders in the terms of your agreement.
Essentially such agreements or orders will cover:
>> transfer or sale of property
>> splitting of superannuation,
>> spouse maintenance.
If you and your spouse are unable to agree a property settlement, LAC Lawyers can help you by applying to the Court for orders relating to:
>> property – to say how your property, income, financial resources and debts should be shared between you and your spouse
>> spousal maintenance – to provide financial support for a husband or wife, or former husband or wife
>> child support
Divorce is not a simple matter of filing a document with the Court, there are many factors to be considered. If you would like to ensure all the issues are dealt with and your best interests are met please contact LAC Lawyers for further assistance.
If you are interested to know something more about The importance of a instructing a lawyer when applying for divorce and Family Lawyers then please visit our website www.laclawyers.com.au
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