Family law – Separation
Separation is very common in todays’ world.Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household. The process of separation can be stressful and painful not only for the parties involved but also for their children as well as other family members. The many uncertainties that face couples who separate after being together for a number of years defer and the effects of separation can have alarming results.
In Australia there are several organizations that can help couples going through separation to either work through their problems or help them make important decision in relation to their children, property as well as income.A full disclosure by both parties,often make it easier for the couple and their families to sort all matters out amicably without the need of unnecessary and lengthy court process.
Once parties are separated from their spouse for a period of no less than 12 months,they can apply for a divorce. However when there are children involved the court will require proof that proper arrangement for the children have been made and they are satisfactory. There is a presumption that parents will have equal shared responsibility for their children as to where they live, attend school, health issues as well as their religion. The court will give consideration to what is in the best interest of the child or children when deciding these matters.If however parties are able to come to an agreement on matters concerning where children should live and with whom as well as matter effecting child support, such agreements whether in writing or not are valid and can be enforced in court.
There are instances where one spouse will be required to provide financial support to the other spouse.This consists of periodic payments to the other spouse to help cope with the loss of shared income and support.Parties are also able to execute a Property Settlement Agreements to ensure that all property held by the parties have been dealt with in accordance with the wishes of the party. When a Binding Financial Agreement exists between the parties, the agreement normally deals with both property settlement as well as financial settlement in the event of a separation.When there is no such agreement and parties are unable to reach an amicable settlement in respect of property and financial affairs, the Family Court will then have to make the necessary orders, taking into account the interest of the parties as well as all parties effected by the separation.
Since March 2009, persons in a De Facto relationship, can rely on the same laws effecting married couples when it comes to separation and matters relating to children, maintenance, property and financial settlements.
Whether it is separation of married couples or those in a De Facto relationship, we at LAC Lawyers will be able to assist you to make the right decisions taking into account your wishes and well being.
If you are interested to know something more about Separation and Family Lawyers then please visit our website www.laclawyers.com.au
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