Law

Fault-Based Divorce & Family Law in Pakenham: What You Need to Know

The breakdown of a relationship can be emotionally draining, and things become even trickier when there are children and shared assets in the mix. Although it isn’t mandatory, most people find that hiring a divorce lawyer with an understanding of family law in Australia can remove some of the stress from the experience. Not only will a good family lawyer represent your interests in court and endeavour to get you the best settlement possible, but they will also help you make sense of the legal process and provide access to mediation services. 

In this post, we’ll break down the nature of divorce in Australia and how hiring a reputable family lawyer will provide you with a broader range of options when it comes to approaching this incredibly challenging period in your life.

What Is a Fault-Based Divorce?

Often when marriages dissolve, the parties involved try to lay blame on one another, as such fault-based divorces are where one spouse will call for a divorce because of some fault on the part of the other. ‘Matrimonial offences’ commonly cited as grounds for a fault-based divorce include adultery, emotional or physical abuse and abandonment. Understandably, having to rehash the issues that caused your marriage to collapse can be painful for all parties involved and can make the divorce process even more gruelling. Thankfully, fault-based divorces don’t feature in Australian law. 

Unlike the USA, Australia has ‘no fault’ divorces which means that courts don’t consider the reasons behind the dissolution of a relationship when granting a divorce. In Australia, neither spouse is expected to prove that the other did something that caused the breakdown of the marriage. The only grounds for divorce in Australia are that the marriage simply broke down, and it’s highly unlikely that the parties will get back together. 

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Proving Grounds for Divorce in Australia

When it comes to getting divorced in Australia, you’ll need to start by establishing when you can apply. To apply for a divorce in Australia, you or your spouse need to: 

  • view Australia as your home with the intention of staying here ongoing, or
  • be an Australian citizen by birth, descent or have Australian citizenship, or
  • usually live in Australia, including in the 12 months before applying for a divorce.

Furthermore, you’ll need to present evidence to show the court that you and your spouse have lived separately for 12 months and that there is no reasonable likelihood of resuming a relationship. Remember, it is possible to show the court that you are separated but living under one roof. 

Any marriage recognised under the Family Law Act 1975 will be eligible for divorce in Australia, which includes same-sex marriages and certain marriages which have taken place overseas. 

In terms of documentation, you’ll need to present the court with your marriage certificate. If this is not in English, then you’ll need to upload an English translation of the marriage certification along with a declaration of facts to verify the authenticity of the translation from a sworn translator. 

As far as children under 18 years of age are concerned, the court will grant a divorce once the parties have proven that proper arrangements have been made for these children. You will be asked for detailed information about each child and how they interact with each parent, their education, health, and financial support. 

How an Experienced Family Lawyer Can Assist With the Divorce Process

You might think that being granted a divorce would put an end to your relationship woes. However, this is only really the start of the separation process. Being granted a divorce in Australia has no bearing on how finances and property are divided, parenting arrangements, or how maintenance payments are made for your children. 

It is worth noting, however, that being granted the divorce is significant as it marks the start of limitation periods for making applications to the court regarding financial matters. In Australia, financial and property disputes that arise from the dissolution of a marriage need to get going within 12 months of the divorce being granted. 

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Often making decisions on the finer details of your split can be contentious, which is why it is useful to hire a reputable family law divorce lawyer to assist with the broader divorce process and remove or manage some of the emotional burdens. 

They can help by:

  • Facilitating a dispute resolution process to either resolve or narrow the issues being disputed.
  • Drawing up agreements, such as consent orders, parenting plans and financial agreements, to be signed by both parties and filed in court.
  • Approaching the court if either party cannot agree on an issue. 

Hiring the services of a professional divorce lawyer is a smart move on many levels. Because they work in family Law Day in and day out, they can manage the process more swiftly, which can save you time and stress. Moreover, a lawyer can often eliminate the need to go to court, which is a positive for both your bank balance and your general mental well-being. 

Choosing a Good Family Law Divorce Lawyer

Now that you understand how having the support of a good family lawyer could assist you through divorce proceedings, you need to find one. Lawyers don’t come cheap, so you’ll want to know that you are making a sound investment when choosing a divorce lawyer to assist you during proceedings.

Start Your Research Early to Stay On Top

Choosing the right divorce lawyer has an enormous impact on your case’s outcome and the overall experience. As divorce proceedings are incredibly stressful, finding the right lawyer will ease the stress and help you achieve the desired outcome. Start by speaking to divorced people within your network and ask for recommendations online to get an idea of the options available. 

Look for a Lawyer That Specialises in Family Law

Australia’s family law system has been designed to help people with the legal aspects of family relationship issues, including marriage breakdowns. This area of law is complex and constantly evolving, which is why you need to find yourself a lawyer that is dedicated to this area. For the best outcomes, find a divorce lawyer who has specialist knowledge about family law and a lot of divorce case experience under their belt. 

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Choose a Client-Focused Lawyer to Feel Advocated for

When working with your lawyer, you want to feel like you are appreciated as an individual and the service you receive is catered to your situation. A client-focused divorce lawyer will follow up with you regularly and ensure you are always kept in the loop when it comes to progress on your case. Be sure to look for a lawyer who works with you, so that you can overcome this difficult period in a positive way. 

Focus On Your Lawyer’s Experience & Your Situation

In the legal field, experience is priceless. Family law is a broad area; so, you want to look for an experienced lawyer who has developed the knowledge and skills to adapt to the needs of your case specifically. 

Choose a Lawyer You Can Trust

You are likely to find several divorce lawyers with good credentials. When you are making your final decision, it is best to choose a lawyer you can trust and have a comfortable rapport with, this is the foundation of a strong working relationship. The sensitive nature of a divorce case makes it even more crucial that you trust your lawyer and can ensure that their values are aligned with your desired outcome. The best way to gauge your rapport with a particular divorce lawyer or family law firm is to organise an initial consultation with them. 

Taking Your First Step Towards Your New Future

The fact that the Australian legal system operates based on no-fault divorces makes the process of ending a relationship a little less emotionally taxing. However, although being granted a divorce is straightforward under Australian law, the broad process is far more complex. In addition to formally dissolving a marriage, spouses need to enter a process whereby they divide joint assets and make parenting arrangements in situations where children are involved. 

Hiring a top-quality divorce lawyer has many benefits. As well as representing your best interests and fighting for the outcome you desire, having a family lawyer by your side can give you additional emotional support as you manoeuvre your way through a difficult chapter of life. Navigating the divorce process in Australia is, therefore, far from simple. 

If you are looking for reputable family law divorce lawyers in Pakenham to help you deal with divorce proceedings, Duffy & Simon is the firm for you. This local family law firm’s divorce lawyers have helped hundreds of families resolve their issues and achieve the desired settlements. If you currently reside in Melbourne or South-East Victoria, don’t hesitate to contact Duffy & Simon for advice on your divorce case!

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