What to Keep in Mind as You Contemplate Getting a Divorce in Australia
Although disputes are a normal part of family life, it's important to have them resolved as amicably as possible. The family law system is designed to help resolve various family disputes and issues in a manner that ensures the best outcomes for the parties involved.
If you're contemplating ending your marriage or de facto relationship, there are several things that you may need to agree on with your partner. These include arrangements for children and property you might have with them.
Here are a few critical aspects of the family law system that you should keep in mind as you consider parting ways with your partner.
Divorce happens on a no-fault basis
Unlike many other countries, getting a divorce in Australia does not require proving fault on the part of either party. The separating parties simply need to file for divorce based on the grounds that their marriage or de facto relationship has broken down and cannot be saved.
It is, however, important to point out that the exact grounds for the divorce may vary depending on the state you live in.
Children's rights always come first
While parents in Australia and across the world have a well-established right to control the upbringing of their children, all children are entitled to the same fundamental rights as adults. Under the Australian family law system, the primary focus is on what's best for the children. Children have a right to maintain contact and a relationship with each parent, as long as their safety is guaranteed.
On the other hand, both parents are responsible for ensuring the physical, emotional and social well-being of their children, as long as they're in a position to meet those responsibilities.
There are alternatives to court
A common misconception many people have regarding the Australian family law system is that family disputes can be resolved through court action only. The truth is that the law allows for divorcing or separating couples to settle certain matters without going to court, unless they cannot agree. The court settlement process is not only lengthy and costly but can also take an emotional toll on the parties involved.
While you're not legally required to hire a fully trained and experienced lawyer to deal with your family law matters, it's recommended to get one. A family law lawyer has intricate knowledge of how the family law system works and can help you attain the best possible outcomes for you and your family.