Are you an Australian who is considering divorce? Divorce in Australia can be a complicated process. To begin, no one can file for divorce unless they have been separated for at least a year. The applicant is responsible for proving the partnership failed at least a year before the divorce application. This includes both marriages and de facto relationships. A de facto relationship is defined by the Family Court of Australia as meeting certain conditions. These include the living arrangements and the length of the relationship, financial arrangements, joint property ownership, children, and how the relationship was presented in public. Tweed Heads Lawyer, Geoff Gallagher from Save U Legal offers the following information and advice to families going through tough times.
When a couple files for divorce in Australia, there are many personal issues to consider. Couples share finances and property and often have children together. The one-year waiting period before a divorce application can be made is designed to allow couples time to determine how to separate their combined life into two separate lives.
Marriage or couples counseling is often recommended during the separation period. Even if a couple decides to file for divorce, the Family Court will not grant a divorce unless it deems there is no chance of reconciliation.
Using the separation period to deal with all the personal issues involved in a divorce can make the actual divorce proceedings easier. Partners should try and work together to determine all future arrangements. The primary concern in the eyes of the court is the children. Who will have custody and who will be responsible for financially supporting the child. It is also important that the children know about the divorce and understands the future arrangements.
Once the child custody and support issues are resolved, then the couple must consider property and asset division. Will one of the partners remain in the family home or will it be sold and the proceeds distributed? What about other personal property and financial assets? How will these be divided?
The separation period can be very emotional. Getting through the divorce process can be difficult. If someone needs help dealing with the divorce, they can meet with a support group or counselor at one of the Family Relationship Centres.
The Family Relationship Centres are part of the family law system reforms that took place in Australia after 2006. The centers were established throughout Australia from 2006 to 2008 and are part of the Australian Family Court system. The centers offer advice and information for couples going through separation and divorce. They also offer heavily subsidized or free mediation for parental disputes. The centers also help with strengthening intact families with referrals and advice.
If there are children younger than age 18 involved in the separation or divorce, the couple must attend Family Dispute Resolution. During this program, professional mediators attempt to help a couple resolve their differences in an open and safe environment. The goal is for couples to arrive at an acceptable compromise concerning the custody and care of the children.
When a couple is seeking a divorce in Australia, they must wait at least a year before applying for a divorce. During this year separation, the Family Court of Australia provides counseling and assistance to help the couple with the important decisions concerning child custody and support, as well as finances and division of assets.