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How Can A Lawyer Guide You Through Handling Marriage Separation

12th May 2020 Blog
According to statistics, around 50% of all relationships end up in separation or divorce. Although these figures are high, most people don't expect this to happen to their own relationship. During the early days of a breakup, the grief and loss that you may be experiencing can feel overwhelming. However, handling marriage separation can be made easier with the help of experienced professionals.  

What Is Divorce?

In Australia, a divorce is the legal ending of your marriage. Under the Family Law Act 1975, no-fault divorce is a principle that has been established in Australia. What this means is that courts do not consider why the marriage ended, all that is required to grant a divorce is that there has been a breakdown in a relationship. Therefore, the likelihood of the pair reconnecting in an intimate relationship is not reasonably foreseeable.

What Are Some Of The Things I Need to Resolve When Handling Marriage Separation?

Although you may be feeling your most vulnerable, there are some difficult issues that you will need to work through:
  • If you have children with your partner - how will you tell them about the separation?
  • How will parenting be shared between the two of you?
  • How will you be dividing your property?
  • Where will you be living moving forward? 
  • Who will be living in your current home?
  • How will your children be supported by both parents?
The marriage separation process can become a lengthy and ongoing procedure which may leave all parties involved feeling hurt and damaged. Being able to avoid this, can help you and your partner recover as well as set the foundations for rebuilding a healthy relationship.  With the help of a lawyer, you and your partner can resolve your differences in a smooth and timely manner. Although the process of handling marriage separation is not something you can gain joy from, being able to come to a mutually acceptable decision helps ease the difficulty.

Understanding The Legal Requirements For Your Divorce

Under Australian law, a person cannot legally apply for a divorce unless they have been separated from their partner for at least 12 months. As proof of your separation, it is a good idea to note your decision in writing along with the date that the separation took place. This can be used as evidence, should either one of you decide to apply for a divorce in the future. It is important to seek legal advice once you decide to separate from your significant other. An experienced family lawyer will be able to help you understand your rights and obligations in order to avoid any confusion about the avenues that you can seek for an efficient resolution when the time comes. A lawyer's role in the process is to provide you with detailed information and help you choose the appropriate options available. Additionally, they will also be able to advise you of the likely outcome in your circumstances.  By seeking legal advice for handling marriage separation, the matter may be resolved between you and your former partner through negotiations rather than a lengthy court process. Once there has been a breakdown in your marital relationship, seeking the advice of a reliable family lawyer can ensure that you are guided through the process of handling marriage separation every step of the way. If you're seeking legal services or advice on handling marriage separation or divorce, then why not get in touch to see how we can help. Contact us today at (03) 9670 7577 for a free initial 30 minute consultation.