While ending a marriage can be a great thing in the long run, it can often be a rough patch for couples who are separating, especially when there are children involved. Many people who are looking to start the process, who are in the midst of separating, or who have legally separated, find themselves feeling confused about what their rights are and where they stand legally.
This is because there is a lot of misleading information out there, false facts found on the internet and misconceptions planted through films and TV shows. Divorce in Australia requires that an application be made to the courts. Before an application can be made it is important to ensure that the individual making the application is eligible.
The individual needs to be an Australian citizen. They need to regard Australia as their home and intend to live their indefinitely, and they need to have lived in Australia for a year or more before they apply to legally separate. It is also a requirement that the two involved parties are separated for 12 months before an application is put in.
Furthermore, a marriage certificate is required, and the cost of the application needs to be paid. In some circumstances, an application can be made to reduce the costs of the application.
All of this kind of information is vital to those who are seeking a divorce in Australia, especially in the scenarios where the other person involved isn’t co-operating. Because of this, it is crucial to seek support from a professional family lawyer. A family lawyer is an attorney who has chosen divorce and other issues as their specialisation.
They are able to successfully support their clients when they are looking to end a relationship and try their best to ensure that the best outcome is had by everyone. Here is a further look at divorce in Australia and how a family lawyer is able to help.
Getting support from leading lawyers is a great way to not only get help with the divorce application itself but other things that go with it. These types of things can include spouse maintenance, child support, child custody, the division and allocation of possessions as well as restraining orders if need be.
Because a family lawyer is able to help with everything that falls under the umbrella of family law, it is extremely helpful for individuals to have experts on their side. Without knowledge of how things work in the courtroom, it is not uncommon for unrepresented parties to end up with unnecessary and unwanted outcomes.
Overly harsh outcomes are best avoided when dealing with a professional as they know how to best handle the situation in court. Furthermore, an attorney is able to help with confusing paperwork. For some, filling out the divorce application form isn’t easy, and they would rather leave it in the hands of someone who knows what they are doing.
On the other hand, it is certainly important to obtain help when wanting to oppose a divorce. Opposing an application is usually only considered when there has not been a separation of over 12 months or when the court does not have jurisdiction. In the scenarios when there is a hearing, and one party does not show up, then the courts may decide on the outcome of the divorce application.
This type of information and more is crucial to be aware of when going through a separation and is the best way to avoid any surprises that could arise. In order to have the best experience possible in an already stressful time, finding the best representative can help with this is key.