Perth’s Family Law Experts
How Does Divorce Law Work?
Marriage and commitment aren’t always easy to fulfil and with so many factors that can lead to fallouts and disputes, it’s not uncommon for a relationship to end in divorce. When this event arises, divorce law comes into play and it’s responsible for ensuring the smooth proceeding of a separation. But how does it work exactly, and is it the only option to deal with a split?
The concept of separation law
Having been around for centuries, this type of law is considered civil and does not require the ruling of a jury. In most instances, the parties will have to request a legal separation and this is done by issuing an application to court. Although the task can be undertaken by the individuals, it is best left in the hands of an expert, namely a divorce lawyer.
The application will need to be signed by both parties and a variety of questions will need to be provided – typically relating to the reason for the divorce request, assets and other important information. A single lawyer won’t be able to represent both individuals, so it’s advisable that each party seeks legal defense of their own.
Once the application has been filed, it will be presented to a judge and a hearing will take place. The individuals will usually be required to attend the hearing where their stories will be heard. At this point, the defending lawyers will put forward documentation relating to assets and possessions, with the aim being to fairly split everything jointly-owned by the divorcing couple.
Complications and disagreements
As simplistic as the process might sound, in reality it can be further complicated if the individuals are in dispute or disagreement. For situations that don’t require mediation – it’s not uncommon for the entire matter to be dealt with outside of court, with the final paper signing to confirm the separation being handled by solicitors.
If complications occur however, then it’s quite likely that a ruling verdict will be required. This is where court comes into the fray. Not only can this event be quite intimidating, it’s also easy to miss important details out and that’s when the support of a divorce solicitor can come in handy. They will document all activities relating to the separation and will be able to present a formal collation to the ruling party.
If an agreement can’t be reached then a judge will segregate assets and possessions as they deem fit. This include any child maintenance required, as well as defining custody if the couple wishes to have all factors addressed simultaneously. The support of a lawyer can help to ensure the smooth function of the entire process as they will have a firm understanding of the individual legislations that the law comprises of.
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