Separation, Divorce, And The Australian Family Law

By Author: Belinda Darling
Total Articles: 152
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One of the hardest things a family can go through is for the parents to decide that it is time for them to part ways. This can be emotionally and psychologically stressful for both parties, and even more so, for the children who find themselves in the middle of this turmoil.

The divorce law in Australia states that the only ground for divorce is the so-called irretrievable breakdown of marriage, and to prove this, you and the other party must have spent 12 months or one year living separate lives, and showing no signs of ever reconciling.

The separation stage can be very difficult for the two parties involved. At first, you may feel shocked and have a hard time accepting the fact that this is happening. This will then lead to anger and even blaming yourself or your partner, and then to depression, before you can finally move on.

No matter how difficult it may be, you will have to meet with your partner to discuss the different considerations that should be taken cared of before the divorce is finalized. There are many things that you have to discuss.

For one, you have to make plans for the children ...
... if you have any. You should decide where they will stay. Are they going to stay with you or with your partner? How will they be supported? In addition, you have to discuss any plans that will help the children adjust to the new situation.

It is important that the children’s future be discussed and decided upon before the divorce reaches its final stages. Like in many other countries, the family law of Australia puts the welfare of the children first before anything else.

In addition, you should also discuss the outstanding balances like car loans, mortgages and bills to be paid and how they should be settled. In line with this, you have to discuss what will happen to all your properties like the house and the car, joint bank accounts and other conjugal properties that you both raised. How will they be distributed equally and fairly between the two of you?

It is not imperative that all these things be settled during the 12 months separation period. However, it would be to everyone’s advantage if they can somehow come to a temporary agreement. This helps to prepare all concerned for whatever will come in the future.

For all the legal concerns that come with divorce, it would be best that you consult lawyers who are knowledgeable about the intricacies of family law. Brisbane area is home to Legal Aid Community Divorce Scheme, which could help you out. Alternatively, you could seek assistance from Legal Aid Queensland.

If you are presently experiencing such situations, then you know fairly well that this can lead to legal implications that can be too complicated or complex for the parents to understand. Thus, employing the services of a family law solicitor can be of great help in smoothing out and clearing up the complications the situation brought up.

Speakman Lawyers aim for one thing, and that is help to settle disputes and assist people who are struggling with all legal matters relating to family law Brisbane . The firm consists of professional family law solicitors who understand the clients’ needs, and are keen to delivering quality legal services that very client deserves.