How Advance Family Law Supports Families Through the Challenges of Divorce on the Gold Coast

Divorce is not an easy procedure, both psychologically and legally. Australia is no exception. And although divorces are as common here as in Europe, they do not become easier. However, Advance Family Law can help and provide legal guidance on divorce. You will find out why this is necessary in this article.

Specifics of the Australian Divorce Process

The current form of divorce legislation was adopted in 1975 after the Family Law Act was passed. It clearly stipulated all aspects of divorce, including custody. Although the number of divorces began to increase after the adoption of this law, it brought great benefits. Now, spouses could end unsuccessful relationships and enter into a new union.

One of the innovations was the abolition of the mandatory reason. Now, a couple could file for divorce without explaining why they made such a decision. The reason, it is believed, is the lack of hope for reconciliation. To confirm this, the spouses must confirm that they have not lived together for more than 12 months.

In addition to the fact that the relationship must end at least a year before, there are other requirements:

• One of the spouses must be an Australian citizen or consider this country their home and intend to continue to live there.
• Live in the country for at least a year before the application.

It all looks pretty simple, but the divorce process itself is quite complicated. The court tries to carefully resolve the issues of property and custody.

In addition, a marriage can be declared invalid. It will not only automatically dissolve it but also completely annul its legal force. In this case, it will be considered that the marriage never took place. Invalidation is possible in the following cases:

• One of the spouses was a minor and did not obtain the appropriate permission to marry.
• The spouses are close relatives.
• The marriage was concluded under laws that contradict Australian laws.
• One of the spouses can prove coercion to marry.

Of course, most couples go through a regular divorce process rather than an annulment. However, it is worth considering that annulment takes precedence over divorce.

Do You Need a Lawyer?

Australian law does not require the mandatory participation of a lawyer in the divorce process. However, most spouses still seek help. Whether you need it, you decide for yourself. But we will say right away that the lack of help will complicate the already difficult process. You can do without legal assistance if you have no disagreements on any of the issues.

How a Good Lawyer Can Help

To formalize a divorce between spouses and resolve all the problems associated with it, documents are needed. The client usually has some of these documents, these are the main documents — marriage (divorce) certificates, certificates for children.

Some evidence can be requested from various bodies and organizations, especially if we are talking about considering issues where there are disputes, for example, about the property, the recovery of money for a common minor child.

The law obliges each participant in the process to prove what he refers to. It is necessary to send documents to the court substantiating their arguments and arguments. A lawyer can send his requests to various institutions and organizations, the answers to which are mandatory. Therefore, when collecting evidence, a lawyer can really help.

Drawing up Legal Documents

Appealing to a judicial authority is associated with the preparation of various documents, the calculation of state fees. First of all, this is a claim to the court for divorce of spouses. If it is already being considered, then it may be necessary to file petitions, they are also better put in writing.

Perhaps, following the results of the proceedings, it will be necessary to write a complaint to a higher authority (up to the Supreme Court). In order to correctly draft any paper, you need to know the law and refer to the relevant legal norms, and have business writing skills. All this can be entrusted to a lawyer.

Presentation in Court

If the client does not want to appear, a lawyer can replace him. He has the right to give explanations on the essence of the problem during the process and ask questions to the defendant (plaintiff) and witnesses, if such, are invited to testify.

At the end of the proceedings, the lawyer will speak on the merits of the dispute in the debate. This is a mandatory stage of the process when each party justifies its position from the point of view of the law.

Participation in Enforcement Proceedings

If the court has made a decision in favor of one of the spouses, it is subject to execution. A lawyer can provide competent support in obtaining what the court has awarded and protect the client’s rights. This process is mainly associated with challenging the actions of persons who are obliged to ensure the prompt execution of the court’s order.

Conclusion

A specialist will provide tangible support to spouses in defending their legal interests. A lawyer or divorce attorney will consult, draw up legal documents, and provide competent protection of the client’s interests during the consideration of a civil dispute. Finally, a specialist can provide advice on other issues not directly related to family relations, for example, regarding the appointment of child benefits. Therefore, despite the lack of a legislative requirement to hire a lawyer, it is still better to do so.