Divorce in Australia is regulated by the Family Law Act 1975. The statute establishes the principle of no-fault divorce. This means that it is not incumbent on the petitioning party to prove the other party’s fault in order to have the marriage ended by the court. Specifically speaking, the court does not take into consideration reasons why the marriage has ended, because the only ground for divorce under Australian law is the fact that the marriage broke down and there is no reasonable likelihood that the parties will get back together. In this connection, it needs to be pointed out that the Federal Circuit Court of Australia is empowered by Part VI of the Family Law Act 1975 to handle all matters related to the dissolution of marriage. That is, the Federal Circuit Court of Australia has the original jurisdiction to hear divorce cases. However, when the court grants divorce, it does not simultaneously rules on the matters of property distribution, financial support or arrangements for children. It merely recognises and formalises the end of the marriage.
If you are going through or have ever gone through a divorce, you will know that they are extremely difficult. You will find that you get very stressed very easily, that your emotions might bubble over from time to time, and that sometimes things will just become too much to handle. Although decent family lawyers can help the divorce process run smoothly (especially if there are children or a lot of assets involved), sometimes they aren’t enough.
The following five tips should help you deal with your divorce on an emotional level. Yes, it can be hard sometimes. However, remember that there is light at the end of the tunnel!
- Make sure that you choose a decent family lawyer
You don’t necessarily have to choose the best lawyer, nor do you have to go for one who charges stupidly high prices. Ultimately, what you really need to do is choose a family lawyer who treats you like a human, and who can help you through the emotional turmoil of a divorce. Sure, a lawyer’s job is to help sort out the legal side of the divorce, but if they are nice, compassionate people then you will find everything becomes that much easier!
Legal Settlement of Property after Divorce under Australian Law
During marriage, spouses usually share a common pool of assets and resources that is collectively known as ‘property’. Family lawyers will explain that the process of divorce has far-reaching financial implications for both partners. If one or both partners own property individually, jointly or along with others, either party is entitled to request a property settlement from the other. The objective of the Australian property settlement law is to ensure fair distribution of property after separation and divorce.
In fact, property settlement laws not only govern marriage but also ‘de facto’ relationships, i.e., couples who live together on a domestic basis. In Australia, the Family Law Act of 1975 determines property settlement after divorce or separation. Property, in general, may include assets and resources that are owned or controlled by either one of the partners. Thus, property may include:
The worst has happened and you find yourself served with divorce papers… what should you do? Family Lawyers can be expensive, and you’re not sure how high the bill might go. Should you hire a lawyer, or should you try to navigate the ins and outs of family court on your own?
The answer might surprise you because handling your own divorce is sometimes the right thing to do. Remember, I said ‘sometimes’.
Family law courts see thousands of cases a year, and handle divorces of all shapes and sizes. Most of them are prepared for you; relatively inexperienced, hardworking people who just want to make it through the proceeding with as few scars as possible. Most jurisdictions have forms on-line that can walk you through the step-by-step procedures of what documents to file, how to respond to the opposing side, and some even waive filing fees if you meet the income requirements. Simply search for: ‘[your county name] divorce forms’ and you’ll find them.