Family Law Brisbane: What you should keep in mind when considering divorce

Australian family law is normally complex and filing for divorce in itself is quite stressful. The following information would help you come to terms with divorce with a little more ease.

Before you apply for divorce you have to consider the following things which could enable you to file for divorce:

  • You and your spouse should be residing in Australia and consider it your permanent home
  • Should own Australian citizenship or should be born and bred in Australia
  • Have been residing in Australia for  the past one year before filing for divorce

Before you apply for divorce, you and your spouse must already have stayed in separation for over twelve months. It is only after this period of separation is over can you actually file for divorce.

For couples who have separated yet live under the same roof have to undergo a series of processes which would ten culminate in a divorce petition.

For couples who have been married for a period of two years or less, the court might not grant immediate permission for divorce. This would only happen when both the spouses have sought counselling yet failed to resolve issues. The proof of the counselling should be made in the court.

Applying for divorce

Once the above mentioned issues have been resolved, one can file for divorce. It can be done if you are the sole applicant and it could also be done along with your partner.

The divorce case is put up in the court of family law by signing a specific form. All couples seeking divorce are supposed to fill a form on an online portal. You may also be required to fill in the necessary information. This may include reasons for separation and the reasons why you and your spouse are seeking a divorce.

Some couples need legal assistance. A family lawyer in Brisbane can help with the application process. However, it should be kept in mind that during the divorce proceedings matters like division of assets and child custody are not resolved. These are separate issues and need to be addressed at a different time. Only when the divorce is finalized are these things taken into consideration.

For couples who have children under the legal age of 18 must prove that they have made proper arrangements for their children after the divorce comes through.

Spousal maintenance issues are to be dealt with in the court as well. These can however continue along with the divorce proceedings. Attending the court for a divorce hearing is necessary in all the following instances. These include:

  • If you are the sole applicant of the divorce proceedings
  • Couples who have children under 18 years of age during the time they filed for  divorce
  • Those who have been married for less than two years should attend the proceedings as well.

Stone Group are family lawyers in Brisbane that you can talk to for more information on divorce.

Why You Need Family Law Solicitors

It is true that many people don’t know who the family law solicitors are and their roles in society. Worry no more! Here is the right answer for you. Family law Solicitors are lawyers or practitioners who deal with family issues such a divorce. They make this possible by offering legal advice and conducting court proceedings on behalf of the family.

In this article, you’ll get the main reasons why you need a family law solicitor as discussed below:

For legal advice

Do you want to acquire a new house? Then knowing the legal procedures associated with this process is quite essential. You’ll realise that there are some sensitive issues you need to consider in this case such as property advertisers in the market. Other than this, you need to careful with the person you’re dealing with.

Therefore, a family law solicitor is the best option, in this case, to guide you on the necessary legal procedure, and hence avoid issues that are likely to emerge on the process.

For wise decision making

Ups and downs is a common thing in every relationship. There are high chances to undergo difficulties in your relationship because of unnecessary domestic cases such as infidelity and fighting. These issues can make one consider going for a divorce as the best option. Honestly, this is a serious move that requires a lot of weight on decision making. As a result, you need to seek help from a family law solicitor, who will play a critical role in generating reliable and legally accepted decision.

For financial advice

When starting the desired business, you need to follow a lot of complicated law generated procedures. You definitely know that every activity must be proven by the relevant authorities of concern for it to be licensed and allowed to commence its operation. Having a family law solicitor would ease your work of obtaining all the legal certifications required. This ends up saving your time and guarantees you legality as well.

They enhance Family unity

Family disagreements are unavoidable, but sometimes they go beyond the point of normalcy, instead of overreacting on small family feuds.

Therefore, it is good to involve a family law solicitor to mediate the situation in a professional manner.

They are highly professional

There is absolutely no room for errors with family law solicitors. They are in a position of handling your family case with a lot of professionalism without favor and bias to any party. Family law solicitors will take the role of managing the case as per your specifications. They uphold the rule of law and are directed to act with integrity and deliver standard work for you. Many law solicitors are well-trained, and are very conversant with international family laws. Therefore, having a professional family law solicitor will guide you through several benefits in family issues.

Protection from manipulation

The family law solicitor of the other party will always try to win the case by subjecting you into endless psychological torture. And through this, you can almost give in into his or her pressure if you are not aware of an appropriate response to give.

However, having your family law Solicitor is the best option in such scenarios since he/she is in a position of protecting you from manipulation and any other related issues.