Separation is extremely common in the modern world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to another, and frequently one party moves from the home, or they begin leading separate lived under the exact same household. The process of separation can be painful and stressful not only for the parties involved but also for their kids as well as other family members. The many uncertainties that face couples who separate after being together for some years defer and the consequences of separation can have alarming results.
In Australia, there are several organizations that can help couples going through separation to either work through their problems or help them make an important decision for their children, property in addition to income. Full disclosure by both parties, often makes it easier for the couple and their families to form all things out amicably without the need of unnecessary and lengthy court process. Once parties are separated from their spouse for no less than 12 months, they can apply for a divorce. However when there are children involved the court will need proof that proper arrangement for the children are made and they are satisfactory. There is a presumption that parents will have equal shared responsibility for their children as to where they reside, attend school, health issues as well as their religion. The court will consider what is in the best interest of the child or children when deciding these matters. If you are searching for additional info on divorce process, just go to the mentioned above site.
If however parties may agree on matters concerning where children should live and with whom and matter effecting child support, such arrangements whether in writing or not are legitimate and could be enforced in court. There are instances where one spouse will be required to provide financial aid to the other spouse. Parties are also able to execute a Property Settlement Agreements to ensure that all property held by the parties have been dealt with by the wishes of their party. When a Binding Financial Agreement exists between the parties, the agreement normally deals with both property settlement in addition to the financial settlement in the event of a separation. When there isn’t any such agreement and parties are unable to reach an amicable settlement in regard to property and financial affairs, the Family Court will then need to make the necessary orders, considering the interest of the parties as well as all parties effected by the separation.
