In Australia, divorce is based on the "no-fault principle." This concept is outlined in the Family Law Act. It means that the court grants a divorce if a couple has irreconcilable differences. If you are seeking a divorce from your partner or have some other related issues, you should consult a divorce lawyer. Here are some of the services offered by divorce lawyers.
Out of State Divorce
If you and your partner are from different states, the divorce process becomes complicated. One may be confused about the procedure of filing an affidavit of service or response to divorce. Different states have different laws on the divorce procedure. A divorce attorney will advise you on how to approach a divorce based on their knowledge of the law.
Separation Agreement
Some married couples seek a separation agreement to give them time to reconcile their differences. These agreements lay down what is required for each spouse in the divorce. The lawyer will help you determine the conditions of the agreement. For example, you may agree on terms like child custody, visitation rights, child support, among other things. Separation agreements are binding and may lead to a divorce if the couple does not reconcile.
Alimony
If you are in a marriage where your spouse earns more than you, then they are obliged to pay alimony in the event of a divorce. Alimony is provided to help the recipient pay for their basic needs. The payment is given each month. A divorce lawyer will determine the alimony you deserve and pursue it in court.
Child Custody and Child Support
When a couple decides to get a divorce, the court will make rulings on what is in the best interest of the children. Child custody simply means the parent who will be living with the child is their legal guardian, which may be both parents at different times. Child support refers to payments made by one or both parents towards the upbringing of the child. A divorce lawyer will be crucial in brokering an agreement on child custody and support.
You may either get joint custody or sole custody. Your lawyer will also ensure you get a fair award for child support.
Summing It Up
In Australia, divorces are granted if a couple has been separated for one year. Applications for divorce are posted to a family law registry. A divorce is usually very messy if a couple fails to agree on basic terms such as alimony and child custody and support. With the help of seasoned and skilful family lawyers, it becomes easier to navigate the tumultuous waters of the divorce process.