Family Law Lawyers

  In many countries, adultery is considered a criminal offence, and can play a crucial role in divorce proceedings.  According to the divorce law in Queanbeyan , before 1975, in order to be legally separated from your spouse in Australia, you needed to prove that your spouse was at fault – and there had to be “grounds” on which to file for divorce. The “fault” could be that there was adultery, insanity, cruelty, drunkenness, or imprisonment in your relationship. Moreover, the burden of proof lay with the person seeking the divorce.  Is Infidelity Required in Divorce Law in Yass? In Australia, before the Family Law Act, marriage was viewed as a contract between two people. To be granted a divorce, the contact would have had to be broken, and in order for this to happen, one of the two spouses would have had to have been at fault and the other spouse had to prove it.  Those seeking a divorce had to hire private detectives, and some couples had to “stage infidelities” ...

When two people get married, they promise to stick together, through both the good times and the bad. However, reality can sometimes dawn upon a couple after a while, after which the marriage might turn sour. While most couples might have always dreamt of a happily married life together, sadly, relationships don't always last. When this happens, divorce is often the only solution. Marriage can be hard work, with a great deal of adjustment, compromise and putting a partner’s happiness ahead of our own. Prior to divorcing, it's important to consider whether there might be an alternative solution to your relationship woes. Marriages often fail because of a lack of communication, which could be due to living in a fast-paced society, lack of time and energy, co-dependency on each other and much more besides. Instead of discussing your problems with people outside of your relationship, divorce lawyers in Queanbeyan suggest talking to your significant other for at least an hour eve...

  There is a common misconception that all the assets and properties will be equally divided among the spouses in case of a divorce. The truth is no law states that everything needs to be equally divided after a divorce, and there are no concrete rules as to who gets what, when, and how. When couples part ways, agreeing on how to divide property and assets is often a far from smooth process. Even the most amicable spouses can have differing views on how things should be divided. Experts in divorce law in Yass opine that the Family Law Act has set certain guidelines regarding the splitting of property.  What is Fair According to Divorce Law in Queanbeyan? There are certain steps that the courts follow when trying to determine how property is supposed to be divided after a divorce: Identify all the properties owned by each of the parties and their valuation Assess the contributions of each of the parties Identify each party’s needs Determine what would be the most equitable div...

Divorce is common all over the world, and Australia is no exception to this. And while the divorce rate in Australia is relatively low, there are some more interesting facts about the rate of marriage and divorce in Australia worth bearing in mind. The divorce law in Australia is fairly straightforward, frequently favouring both parties involved. Yet there is a noticeable decrease in divorce owing to: A decline in the number of people registering for marriage - In the 1970s, an average of 9.6 marriage registration requests were received per 1000 residents. But in 2018, on average, it fell to 4.8 registration requests per 1000 residents. Many people opt for live-in and similar de-facto relationships instead of marriage. It allows for a less complicated separation, if required, in the future.  Australians seem to take their time when it comes to considering marriage. With lesser societal pressure, people have the opportunity to wait, watch and judge before choosing a significant oth...

A divorce is the official and legal termination of a marriage, and in order to file for one, you must prove that your marriage has irretrievably broken down, and that you've have been living separately for the past twelve months. According to the divorce law in Canberra , you must first divorce if you want to remarry. Divorce in Australia doesn’t look to find fault with either spouse, and couples are able to proceed with legal proceedings by claiming irreconcilable differences. This way, either partner can file for a divorce. Established by the Family Law Act 1975, the court won’t ask the reason for divorce, which means they are able to start the proceedings immediately. If you’re applying for divorce, you must first consult a divorce lawyer in Yass . At least one of you must be an Australian citizen, and, as partners you must have been separated for at least twelve months before starting divorce proceedings. If you have been married for less than two years, divorce lawyers in Quea...

Several couples continue to live in the same home after they have decided to separate. The reasons can be varied – they may not be able to afford separate homes or not know how to explain the situation to their children. People in a similar situation may have several questions about divorce and their rights. Here, we try to answer some of the more common queries we see: Under the Divorce Law, Can We File for Divorce While Living Under One Roof? In Australia, a married couple may apply for divorce after having been separated for at least a year. During separation, a couple may be living within the same home for the entire year or a part of the year. Consulting a  divorce lawyer Canberra is recommended if you have questions regarding how to proceed with a divorce.  If we are living within the same home, how can we get a divorce as per the divorce law in Canberra? A couple that has been living separately for at least 12 months may apply for a divorce. A couple living under the s...

For separated parents, co-parenting is a tough proposition, and living through a pandemic has made it all the more difficult for some people. Many will be concerned about the kids' arrangements in place, social distancing during a changeover, and upholding a higher level of hygiene at home. Here are some tips for separated parents in times of COVID-19: Meeting obligations: When you enlist the help of a  family lawyer in Canberra  to aid your separation proceedings, there will be a court order in place which you must obey. If your circumstances alter due to COVID, you need to discuss any adjustments with your partner so that a temporary change can be put in place. Flexibility: Living through a pandemic can cause a deep sense of uncertainty, and as a parent separated from their partner, it's important to be flexible. Family law lawyers in Canberra can help you work in tandem with your former partner in a multitude of ways that include routines, changeover protocol, and work c...

Separation can be a painful process, and often takes a great mental and emotional strain on all the parties involved. If you're in a position where both parties have agreed to part ways, you will need to focus on important matters such as finances, living arrangements, parenting arrangements, and more. Here we look at the steps you can take after you and your partner decide to separate. How Family Law Lawyers can help: Get to grips with your finances It's important to sort out your finances before separating from your partner, and many couples will find that one of the partners are more familiar with and might also have more control and access to  joint finances. This can make it difficult for the other person in the relationship to understand their financial situation after separation. Family law solicitors can help you with this matter. The first step is ensuring you have all relevant and required documents, so that you and your lawyer can do a full financial assessment.  L...

  There is no ideal time for a separation. You likely mulled for months before deciding to end the relationship and will also wonder if you are doing the right thing.  Here are some factors to consider before finalizing your decision: Evidence that the relationship cannot continue: While it is evident that relationships are all "give and take", reasons to end the relationship should be based on solid evidence. You are not being selfish but are assertive where you are demarcating your boundaries for your emotional and physical safety. Family law solicitors in Canberra understand your turmoil and can suggest a course of action. You have tried hard to reconcile: Once you have clarity about the reasons to end your relationship, you should test your theories. Without hesitation, try and consult a marriage counsellor and see if there is anything you can do to salvage the relationship. You should start with yourself and see if you can organize your thoughts and give your relations...

One of the most important decisions you'll ever make when starting divorce proceedings is choosing the correct family lawyer. Whether you opt for an out for court settlement or to go via court, opting for a good lawyer will radically improve your chances of winning the case. Here are some common questions to consider to ensure you choose the right person for your case: What is your experience in cases like mine?  When hiring a lawyer for family law in Canberra , you need to be sure that the lawyer has experience working on similar cases. Not all cases are the same, and having a lawyer with similar experience is very important. How long have you been a family law attorney?  It can be reassuring to know that your family lawyer  has years of experience. Experienced lawyers can handle tight situations effectively and give you the best possible representation, both in or out of court. How do you communicate with clients?  Ask family law solicitors about their prefer...

Separation and divorce can be incredibly painful for all parties involved; however, it's sadly an inevitable part of life. If you're currently considering divorce or separation, here are some things that you should know about divorce law in Australia: In Australia, around 1 in 3 marriages end up in divorce. There is no need for you to establish that your partner is responsible or at fault for the marriage’s dissolution and breakdown. Under divorce law  a year’s separation is enough to signify the relationship’s breakdown.  For issues regarding children and parenting, enlisting the help of family law lawyers will help to resolve family disputes before taking the court route. Aside from going via court, there are quite a few options open to you, including negotiation, mediation, and Collaborative Law. Family law solicitors can help you and your spouse to reach an agreement. There is no need to wait for 12 months post-separation to apply for divorce. In this regard, family lawy...