There are no perfect relationships. Even a marriage, which is bound by the law of God and man, can crumble because it is a contract between two imperfect humans. When things turn sour between you and your partner, one or both of you can decide to give up and go your separate ways.
Whilst this may sound easy and straightforward, there may be underlying circumstances in your marriage that may have to be sorted out. For instance, if you were married overseas or have a foreign spouse, existing divorce laws in their country of origin may complicate matters for you. In that case, you’ll need the services of experienced divorce lawyers.
Family Law & Divorce in Australia
Australia’s Family Law Act of 1975 adheres to the principle of no-fault divorce and does not look on the whys. Under the same law, the power to dissolve the marriage is within the jurisdiction of the Federal Circuit Court of Australia. If you apply for divorce, the only ground the court recognises is that your marriage did not work and that there is no chance of you getting back together.
It should be emphasized that the granting of the divorce is only to recognise that your marriage has ended. It will not include resolution of issues on matters concerning parenting and the distribution of property. You can decide on such matters by reaching an agreement; otherwise, you can let the court decide for you by applying for an order.
The significance of Court Orders
You can agree on a parenting plan with the help of a dispute resolution service provider. But whilst it is a written document, it is not legally enforceable. As such, it is better for you to formalize the agreement by applying for a consent order from the court.
Similarly, you can reach an agreement on the sorting of your properties without going to court. However, you can make it more enforceable by applying for financial order, including the division of your property.
Separation and divorce can be messy and costly, but if it is the only way for you to regain normalcy in your life, then it might be the best option for you to take. You are entitled to seek your own peace of mind even if it means breaking your marriage vows.
Deciding to separate is not easy, especially when there are children involved. On the other hand, in recognition of human complexity and frailty, the Australian Family Law Act of 1975 allows you to find the best workable solutions for you and your ex-partner. You can still maintain your rights as parents and are compelled to perform your duties and responsibilities to your children.
Foremost among these is that they continue to have a loving and caring relationship with you as parents and with other family members despite the separation.
If you find yourself in the same situation, you must be aware of both your rights and responsibilities, as stipulated under the Family Law.
If you have any questions regarding Family Law, please contact our team to discuss your options.