You may need legal help through divorce or separation
If you have decided to end a marriage and go through divorce, there are many legal aspects in the divorce process that you should know.
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Separation process before divorce
- Under Australian law, you have to prove that your marriage has ‘irretrievably broken down,’ in order to obtain a divorce, you must have been separated for at least 12 months. It is possible to be ‘separated under one roof’ if certain criteria are met. If you are separated under the one roof, it is important to get legal advice.
Children Matters during/after separation and divorce
- Parental arrangements
- Financial issues for children after divorce or separation
- If you have children under the age of 18, a court can only grant a divorce if it is satisfied that proper arrangements have been made for them
Property matters when separation and divorce
- A divorce order will not include property arrangements, you may need the legal advice on how to divide properties after divorce
- Consent orders
- Property settlement after separation or divorce
Apply for divorce
- Divorce is applied to the Federal Circuit Court for a divorce, or if you are in Western Australia, it will need to be applied to the Family Court of Western Australia.
- You can apply together (a ‘joint application’), or one person may apply (a ‘sole application)
- Divorce can be applied for online
Going to court
- If the couple can’t meet the arrangements about related issues at divorce or separation, you may need to go to court
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Legal & Support
Marriages, relationships and wills have a vital connection to each other. Any changes in your registered relationships or marriage will automatically lead to the revocation of the existing will. This works for both cases of a relationship end or a new relationship.
The court divide the property in whatever way it thinks is fair.
It is of great importance that parents find a proper approach to inform their kids about their
separation to avoid extreme and negative influence on their mental life.
The process of dealing with family dispute to avoiding the possibility of going to court,