Family Law – Separation

In today’s world separation is very popular. Separation is often defined by the parties as the end of an agreement to continue living together. The intention to separate is communicated to the other party, and often one party moves out of the home or under the same household they start leading separate living. The separation process can be stressful and painful not only for the involved parties but also for their children as well as other members of the family. The many challenges facing couples who delay after being together for a number of years and the consequences of separation will yield disturbing results.Do you want to learn more? look here

There are many organisations in Australia that can support couples who go through separation and work through their problems or help them make important decisions about their children, property and income. A full disclosure by all parties also makes it easier for the couple and their families to settle all matters in a pleasant way without the need for prolonged and lengthy proceedings.

If the parties are separated for a period of no less than 12 months from their partner, they may apply for a divorce. Nonetheless, the court will need evidence that proper arrangements have been made for the children when there are children involved and they are adequate. Families are believed to have fair mutual responsibility for their children as to where they live, attend school, health problems and their faith. When deciding these matters, the court will consider what is in the best interest of the child or the children. Furthermore, if parties can agree on matters relating to where children can stay and with whom, as well as matters relating to child care, these arrangements are valid in writing or not and can be implemented in court.

There are times where one spouse will be required to give the other spouse financial support. This includes periodic payments to the other spouse to help cope with shared income and support loss. Parties can also conduct a Property Settlement Agreement to ensure that all property owned by the Parties have been treated in compliance with the Party’s wishes. If there is a Binding Legal Agreement between the parties, the Agreement would usually deal with both property settlement and financial settlement in the event of separation. When such an arrangement does not exist and parties are unable to negotiate an amicable settlement with respect to property and financial arrangements, the Family Court would then have to make the required decisions, taking into account the interests of the parents as well as all the parents to the split.