Understanding Australian Law

About Me

Understanding Australian Law

Hello, my name is Nigel and this is my law blog. The law can be a complicated and complex thing to try and understand, especially if you are not a trained lawyer. I am not a legal professional but I take a deep interest in the law. It all started when my uncle was involved in a lengthy court case and I decided to find out a little bit more about it. I started reading a legal book and didn't stop. I am fascinated by the law so I decided to start a blog so I could share my passion with others.

Top Tips When Divorcing Your Spouse

Divorcing your partner can be a complicated affair. In most cases, divorcing couples have a difficult time drafting consent orders and property settlement contracts. Read this guide for some tips on how to have a stress-free divorce. 

Check Your State's Requirements

In Australia, you will need to meet the following requirements before seeking divorce: 

  • Your marriage must be legal and recognised under Australian law. It is an essential consideration if you were married outside the country.
  • If you are a foreigner, you should have lived in the country 12 months before your divorce application.
  • You must be separated for at least one year. You will need an affidavit if you are separated but living in the same house.
  • You will need a counselling certificate if you have been married for less than two years. 

Check Prenuptial and Postnuptial Contracts

Some couples will have prenuptial and postnuptial agreements to help ease the divorce or separation process. If this is your case, check the terms of the contract. Typically, you cannot cancel or change the terms of the contract without your spouse's consent. However, you can ask the court to nullify the agreement if you were coerced into signing or did not receive independent legal advice. 

Hire An Experienced Lawyer

Consider the tips below when hiring a divorce lawyer: 

  • Check the local bar association to ensure that the lawyer has the required permits and has not been accused of professional misconduct.
  • Check the lawyer's reputation. A winning history will improve your confidence in the lawyer's services.
  • Assess the lawyer's pricing. For instance, some lawyers will offer free services to vulnerable groups.
  • The lawyer should be an excellent negotiator and communicator. Remember, he or she will negotiate the terms of your divorce. 

Child Custody

Parenting responsibility is a pertinent issue for couples that have children. In most cases, your lawyer will encourage you to draft consent orders detailing the responsibilities of each parent. The primary benefit of this agreement is that it can be amended to suit changing conditions. For instance, take a case where one parent moves to another state or country. There are instances when you could opt to pursue sole custody of your children. This is typically the case when you are sure that your spouse is a danger to your kids. For example, if they have been convicted of assault or sexual crimes in the past, they should only be allowed supervised visitation. Child custody rulings are based on the best interests of the child. Therefore, do not assume that the judge will prevent your spouse from seeing the children. 

When considering divorce, check state requirements, assess previous contracts, hire a lawyer with experience in family law and consider the recommended tips when seeking custody of your kids.