Divorce is a legal term and process which is initiated by a married couple to have legal separation. The country or state law decides the rule and procedure for the couples to get separated on cordial as well as mutual basis. Various law firms across Australia render their expertise for couples to have divorce. In Australia, Federal Circuit Court of Australia holds the power to deal with the divorce under Part VI of the Family Law Act 1975, also known as FLA by legal practitioners.
Though divorce is painful but we should always be aware of the facts and types of divorce.
Below are enlisted some of the by-laws under which the married couples could seek divorce.
- No Fault Divorce
The Family Law Act 1975 states the principle and guidelines for no-fault divorce in Australian law. According to the by-laws of this Act of 1975, the court would not try to seek or consider which partner was at fault for marriage breakdown, irrespective of the present scenario or reason for breakdown from any of the person involved in marriage.
The underlying basis for this sort of separation is irretrievable breakdown on account of 12 months of separation.
- De Facto Relationship
As per the definition in section 4AA of the Family Law Act 1975, this form of divorce requires you and your former partner, may be of the same sex or opposite sex, had been in couple living relationship together on genuine domestic basis. The exception to this by-law would occur if the couple living together would be legally married to one another or if either of them are related by family, then the De Facto relationship clause of the Family Law Act 1975 would not be applicable or would be termed as void.
There are some general principles to settle the financial disputes under the Family Law Act 1975 are enlisted below.
- Working out your assets and liabilities; that is, what you’ve got (including superannuation) and what you owe; and what they are worth.
- Looking at the contributions made by both parties during the marriage or relationship including:
- direct financial contributions to the acquisition, conservation or improvement of any of the property, such as wage and salary earnings
- indirect financial contributions to the acquisition, conservation or improvement of any of the property, such as gifts and inheritance from families
- Direct and indirect non-financial contributions to the acquisition, conservation or improvement of any of the property.
Divorce law and its legal proceedings can be very stressful as well as tiresome and may involves various law adherence which one may not be aware of but with proper guidance and mutual settlement help to the couples for legal separation, a well informed decision can be made with the help of divorce law advisors.
New Way Lawyers Family Law firms on the Gold Coast offers best advice and legal consultancy. One of the premier law firms in Gold Coast is New Way Lawyers who have dedicated team of professionals and volunteers who are eager to help you and your family through the stressful time.
We at New Way Lawyers offers the best consultancy at very nominal fees as we are aware that the separation is a pain and moreover we are Australia’s first nonprofit firm. Money is not motivating factor for us as there is no shareholders and profit sharing in our organization. For further details contact http://www.newwaylawyers.com.au