Even if it is amicable, and with mutual agreement, divorce is always a difficult experience. It is an emotional and stressful time when you need help and counseling. The stress can be relieved by an experienced divorce lawyer in Adelaide who also knows how to help clients in dealing with stressful moments. What is the definition of divorce in the lawbooks? As far as the Australian Law is concerned, the Family Lat Act defines “divorce” as the termination of a marriage relationship. It is a legal process that has to be followed to get a divorce granted by lawyers. Either the Federal Court or Family Court deals with the divorce matters. When a couple divorces or separates, there could be other issues arise, e.g., deciding about parenting arrangements for the kids or dividing the assets.
What Are The Prerequisites To Get a Divorce?
The couple has to stay separated for at least one year to get the divorce. It is a prerequisite as per Australian Law. After the end of this one year, if there is no reasonable possibility of rejoining & resuming life together, then the application for divorce can be considered by the court.
Why Do You Need A Lawyer?
As mentioned earlier, it is a complex legal process. Though you can apply for it without any legal assistance, due to the complexity, it is better to hire some expert lawyer. Especially when there are parenting issues or divisions of assets are involved in the divorce case, you need a lawyer Adelaide to resolve the matter.
Here are some other reasons you need a lawyer:
- When it is not clear that you can apply for a divorce in Australia.
- When the spouse is untraceable
- When the spouse stays overseas
- When you want the lawyer to handle the matter
According to legal experts, you or your spouse must fall into any of the following categories to apply for divorce in Australia:
- You belong to Australia or intend to live in Australia forever.
- You are an Australian citizen by birth or
descent. It means:
- You were born in Australia or
- You were born outside Australia at least one of the parents was an Australian citizen or
- Your birth was registered in Australia or
- You had been granted Australian citizenship or
- You live in Australia and have done for twelve months immediately before applying for divorce
Your divorce lawyer will help in dealing with the difficult decision of divorce. He extends the best support and guidance.