Divorce is a sad process and
nearly 40 % of marriages are ending in divorces nowadays. Divorce is a legal
term and process which is initiated by a married couple to have legal
separation. The country or state law decides the rule and procedure for the
couples to get separated on cordial as well as mutual basis. Divorce, also
known as dissolution of marriage, is the legal termination used for
dissolving the marriage or matrimonial relationship legally. This law enables a
married couple to end the marital union and reorganizing the legal duties and
responsibilities of marriage. In Australia, Federal Circuit Court of Australia
holds the power to deal with the divorce under Part VI of the Family Law Act
1975, also known as FLA by legal practitioners.
Divorce law in
Australia can be easily summarised into the following:
- De Facto Relationship
As per the
definition in section 4AA of the Family Law Act 1975, this form of divorce
requires you and your former partner, may be of the same sex or opposite sex,
had been in couple living relationship together on genuine domestic basis. The
exception to this by-law would occur if the couple living together would be
legally married to one another or if either of them is related by family, then
the De Facto relationship clause of the Family Law Act 1975 would not be
applicable or would be termed as void.
The general
principles to settle the financial disputes under the Family Law Act 1975 are
enlisted below-
A. Working
out your assets and liabilities; that is, what you've got (including
superannuation) and what you owe; and what they are worth.
B.
Looking at the contributions made by both parties
during the marriage or relationship including:
a.
direct financial contributions to the acquisition,
conservation or improvement of any of the property,
such as wage and salary earnings
b.
indirect financial contributions to the acquisition,
conservation or improvement of any of the property,
such as gifts and inheritance from families
c. Direct
and indirect non-financial contributions to the acquisition, conservation or
improvement of any of the property.
- Financial disputes under the Family Law Act 1975 are based on:
- Working out your assets and liabilities; that is, what you've got (including superannuation) and what you owe; and what they are worth.
- Looking at the contributions made by both parties during the marriage or relationship including:
- Direct financial contributions to the acquisition, conservation or improvement of any of the property, such as wage and salary earnings
- Indirect financial contributions to the acquisition, conservation or improvement of any of the property, such as gifts and inheritance from families
- Direct and indirect non-financial contributions to the acquisition, conservation or improvement of any of the property.
- Contributions to the welfare of the family, including any contribution made in the capacity as parent and homemaker
- The future needs of the parties having regard to things such as age, health, care of children, income and financial resources of the parties
In the time of such stressful events in life of married
couples, a good divorce firm would help alleviate the difference and make it
easier for such a difficult legal proceeding. One always needs to consult a law
firm which is trustworthy and considers people more important than money. In
this, New Way Lawyers are best solution for all your legal family
matters. They have best team of Family Lawyers which will hear your grievance
and ready to help you through your turbulent times. It is one of the best Family law firm Gold Coast which is
specialised in Family Law matters.
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