Spouses who are experiencing difficulties in their union and are no longer living together for at least 12 months can file for divorce or dissolution of the marriage. Spouses need to obtain professional advice from any law firms Sydney to understand better their rights as well as their responsibilities.
Applying for divorce
The Family Act has the no-fault divorce, which is acknowledged in the Australian law. A lawyer can help separating couples in their filing for no-fault divorce. In no-fault divorce, the court does not consider the reason of the breakdown of marriage and that there is no likelihood the spouses could get back living together again. With a family lawyer from Law firms Sydney, divorcing spouses can satisfy the court by showing evidences that they’re been separated for at least 12 months and the marriage has been broken down irretrievably.
If there are children below 18 years old, the court could only grant the divorce if arrangement for them has been made. In this case, Family lawyers Sydney can submit documents showing both spouses has made arrangement for their children including support and custodial. This is to guard and protect the interests and rights of the children whom are always the victims of family breakdowns.
The burdens of divorce
Application for divorce has certain financial obligation. The Australian law defines current fees. It is recommended that spouses should consult the local court for current fees applicable as each application merit court fees. An application for consent orders for example can cost divorcing spouses about $160 and application for decree to nullify or Divorce Annulment is around $1225. However, if any spouse is having financial difficulties, his/her lawyer from a law firms Sydney can help avail the reduced fees by submitting documents of their financial status.
Replying for a divorce petition
The divorcing spouses should both agree with the divorce facts before it can be granted. However, if a spouse is agreeable to the divorce but contesting its facts; he/she can file a response to divorce through a lawyer to submit petition to correct wrong facts or errors. Only when the facts are corrected that the divorce petition can be granted with finality.
When the union has been difficult for both parties and divorce is deemed as the best way out, it is best to consult a lawyer. It is with a lawyer that both spouses can reach an agreement without going to court or with their best interests and protection.