Getting divorced isn’t a very complex matter, although emotions may be running high during trying times. You will need to satisfy the Federal Circuit Court of Australia that you have lived separately from your spouse for at least one year, without the likelihood of reconciliation.
Complications can arise, however, when child support, spousal maintenance or property settlement issues get convoluted, making Taylor & Scott Family Law professionals the best assistants for establishing legal boundaries and negotiating appropriate settlements.
With divorce rates at all-time highs, it’s no surprise that submitting a divorce application is a straight-forward process. The Federal Circuit Court and the Australian Government have in recent years tried to make the process easier for litigants, although you will need to provide proof of one or more of the following in relation to either yourself or your estranged spouse:
If you are having difficulty collecting the required evidence or documents for a divorce application, speak to Taylor & Scott, where you will be connected to qualified legal experts immediately. If your divorce application is stalling, we will help you get the process moving.
If you satisfy the above criteria you are eligible to apply for divorce. However, it’s not necessary to get divorced straight away in every case. Couples who spend time apart often work out their differences and decide to remain together, and it’s important to understand the finality of the relationship status.
As soon as you are separated you can attend to other matters such as arrangements for children and property settlement. It’s worth noting that court proceedings for property settlement and spousal maintenance should be commenced within one year of the divorce order taking effect. There are lots of scenarios that can trigger a relationship breakdown and divorce, and if you need assistance to sort out your legal position, contact Taylor & Scott Lawyers for straightforward guidance as soon as possible.
This will depend on the course you take to obtain a divorce. The court will need to be satisfied with various things such as:
You will need identification documents, marriage certificates and other information as requested. It’s a good idea to employ the services of legal experts at Taylor & Scott to ensure your divorce proceeds smoothly, property is settled fairly, children are cared for, and moving on is possible.
Both making and discontinuing an application for divorce can be done exclusively by one party. However, if a divorce order is made but has not yet taken effect, then both parties are required to make an application to rescind the application for divorce. Evidence must be given to the court in the proper admissible form in writing by way of affidavits. Things must be done quickly and properly the first time, otherwise the order will take effect and parties will need to remarry each other. That’s why knowing the law and what the court expects makes all the difference in Family Law.
An additional advantage of Taylor & Scott’s guidance is the ability to adapt to changing circumstances with a degree of certainty. Family Law is a complex area requiring many years of study and practise, so when it comes time for negotiations, Taylor & Scott Lawyers will guide you closely and wisely, having dealt with hundreds if not thousands of matters like yours over the years.
We are always on hand for you to ask questions and obtain advice. Our legal experts can mediate between negotiating parties and assist you in reaching agreements without matters needing to go to court. We understand the financial considerations involved in seeking legal assistance, so we offer a free case assessment that will help clear your thinking even before you choose us to work on your behalf.
At Taylor & Scott, We Care For You.