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Showing posts with the label divorce law

Should I Get A Prenup?

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Most people believe that only celebrities and the rich and famous deal with such things as prenuptial agreements or prenups. But a prenuptial agreement is a smart way of setting out financial wishes should a marriage end up in either divorce, or a partner passes away. A prenup may be considered uncouth or unromantic, but it can secure a person’s future should things go wrong in a marriage.  What exactly is a Prenup? According to Family law lawyers , prenuptial agreement is a contract – legally binding – between two individuals before they are married. The contract typically outlines the framework for how financial matters will be decided should they divorce in the future.  The agreement can cover areas like inheritance, businesses, property, and income that either party owned before the marriage, or acquired as they were married. If you want to know more about prenups, you can search online for “ family lawyer near me ”.  What Makes a Prenup Binding? Prenuptial agreements...

Situations Where You May Require a Family Lawyer

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Family is important, and almost everyone goes to great lengths to ensure their family stays together. However, there are unforeseen circumstances or unfortunate situations when things go wrong. As much as one may prefer to deal with such situations on their own, it may not always be possible. When there are legal issues involved, it is best to have an experienced and knowledgeable family lawyer by your side.  Family law covers so many areas and can be quite confusing and complex to deal with on your own. There are numerous situations when one may need the help of a practitioner of family law in Canberra , but the most common cases are as follows: Adopting a Child or Children The process of adopting a child under 18 years of age can be very long and arduous. Since courts would verify that the individual or couple wanting to adopt is worthy of guardianship, there can be several challenges. Assistance from experienced family law lawyers would make a big difference. Separation or Divor...

Benefits of Hiring Family Law Lawyers

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In Australia, the family law system is used to dealing with sensitive issues, such as domestic relations and other family-related matters. However, it's a system that is still evolving and has complexities that only an experienced lawyer in the field can navigate. Matters like child support, child custody, separation, divorce, and guardianships require the skills and knowledge only an expert in family law can provide. Area of Expertise Family law is an extensive field that comes with many complexities. The issues involved within family law are demanding and can also be quite delicate. The greatest advantage of hiring a family lawyer is that they will have a good understanding of the family law system, and will likely have handled various cases and have the skills to represent your case before a court.  Without expert family law lawyers in Canberra by your side, you may be unable to present a strong enough case. Divorce cases can get destructive and very difficult to navigate at ti...

Are You Getting These Services from Your Family Law Lawyers in Canberra?

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While handling cases as sensitive as divorce, you need the help of a lawyer who will represent you both in and outside of the family court. Most lawyers will also help with mediation and when it comes to solving the legal intricacies found in each and every case. A trained professional will also help you stay calm and focused on your future goals.  Divorce and Separation A seasoned associate from a  divorce law firm in Australia can provide a customised solution for all of your needs, which might range from custody arrangements to finding a resolution for disputes. You can also get clarification on divorce mediation, as well as provisions for domestic violence matters. Arrangements for Custody and Parenting  You can also receive the guidance needed to navigate through complications related to: Child custody laws Co-parenting Access and visitation rights Financial and Property Settlement Family law lawyers in Canberra and elsewhere in Australia are serious about making t...

What Divorce Lawyers Say About Adultery and Divorce Settlements

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  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” ...

Role of Divorce Lawyers in the Division of Property after a Divorce

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  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...

Australian Divorce Lawyers share Important Facts

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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...

Everything to Know About Divorce Law in Australia

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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...

Considering Divorce While Living Together

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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...

Family Law Solicitors Share Tips For Separated Parents in Pandemic

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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...

Family Law Solicitors and Separation

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  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...

Things You Should Know About Divorce Law

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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...