It is always a difficult and emotional time for couples when they are undergoing a divorce process, regardless of how badly they hate each other. However, divorce is not a matter of two couples deciding on breaking up, but rather a matter of interest to a court of law. As such, both parties must get excellent divorce lawyers on their side to represent them in the court proceedings.
This article provides vital information on divorce proceedings that you should be aware of when thinking about divorce in Brisbane, along with a few benefits of getting a competent divorce lawyer on your side.
What you should know
The divorce process:
Well, in Brisbane, the process of getting a divorce is quite straightforward provided that you follow all the legal steps that are enshrined in the law. Before starting your application, Brisbane law requires that you must first be separated from your partner for at least 12 months, which is roughly one year before you file for a divorce. This way, they can ascertain that you two have made up your minds about not living together.
Filing for divorce:
The Federal Circuit and Family Court of Australia is the one that receives divorce requests from couples. You can either file for divorce as an individual or jointly as a couple, depending on the nature of your situation. And for couples who have children that are below 18 years of age, they will need to satisfy the court that they have made proper arrangements to cater for those children’s needs.
Property settlement:
You should be aware that divorce and property settlements do not automatically go together. You will start by divorce process to its completion, and wait for another 12 months before settling matters relating to property and division. Property settlement involves the division of assets and liabilities depending on each partner’s contributions and based on the future. Most importantly, property settlements mainly focus on the wealth and liabilities that both of you accumulated when you started living together as married couples.
Parenting arrangements:
In case children are involved, then the court will decide on their best interests in matters concerning where they will stay, what time the other partner can visit and child support.
Mediation before the court:
Understand that you are allowed to set meetings with your partner, while both of have lawyers, to try and settle the divorce matters outside the court. This is usually a quick process that involves fewer costs once both parties are in agreement.
Benefits of hiring a competent divorce lawyer
Protecting your rights:
A competent lawyer will ensure that all your rights are respected and protected throughout the entire journey of divorce. They negotiate with the other party on things to do with property settlements and spousal support in your best interest and ensure that you get a fair share of the negotiation process.
Konwledeagebale:
Brisbane has its own set of legal requirements that need to be fulfilled when filing for divorce. A competent lawyer understands all these regulations and can help you to navigate the process with ease.
Better court representation:
Should the matters reach court, trusted divorce lawyers in Brisbane must prepare well to represent you and ensure that your side of the matter is presented well for the court to make the right decision. You would not wish to do this by yourself, considering how emotional the proceeding can be.
