Family law encompasses the processes of providing solutions to families during separation, divorce, and parenting disputes. There exist a variety of mechanisms one can follow to solve family disputes outside and inside the court. Each family dispute is unique and requires tailored approaches to addressing these issues quickly, cheaply, and amicably. According to marriage case studies, The Family Court works under limited resources constraints such as lower budgets and fewer judges.
An unhealthy marriage
One of the most common means resultants of unhealthy marriages is domestic violence. Family violence definition encompasses more than just direct physical abuse. The term describes coercion and controlling behavior aimed at imparting fear to spouses or family members. Police act under the courts of law to protect individuals from abusive family members.
The Family Act describes family violence as an assault, sexually abusive behavior, stalking, derogatory taunts, property destruction, or injury to an animal. Other examples include withholding without good reason financial support to meet living expenses, barring connections of a family member from friends, family, culture, and liberty.
In Australia, divorce applies to only legally married individuals and describes the process of dissolving a marriage. Nowadays, the process of obtaining a divorce is accessible to everyone since it is straightforward. However, individuals seeking a divorce should have a legal counselor, such as a family lawyer, when the dispute is complicated. Divorce, child custody, and settlement of property are three different processes.
Additionally, separated couples do not require conditions for a divorce to occur, and no need for consent. However, obtaining a divorce form for separated individuals occurs after 12 months of separation. For individuals with a marriage less than two years, getting a certificate before filing the divorce application from a counselor is required.
The Federal Circuit Court allows for online divorce application with requirements of sending a copy of residency papers and marriage certificates. A shared application does not require the presence of both parties in a court hearing. However, sole applicants must serve their spouse the divorce application.
Divorce lawyer assists individuals to attain separation, divorce, spouse management, parental disputes, and child support smoothly. The application of legal aid family law helps individuals that lack the financial capability and means during a divorce, tribunal representation, or a mediation. Divorce lawyers assist individuals when the location or serving of a spouse is difficult, proving separation evidence and preparing a response. Lawyers achieve the outcomes suitable to the client’s desire via either persuasion or aggression.
The main goal of divorce lawyers is to avoid a hostile environment and create emotional balance during a divorce. Child support describes the assistance of a child’s expenses incurred when under the care of the other parent in terms of money. The Child Support Registrar assesses child support in Australia. However, recent changes in child support legislation grant the termination of payment when there is a change in the child’s residency.
The change dictates a span of 4 to 26 weeks without exceptional circumstances leads to termination of the agreement. The amendment in the law requires parents to check for a Binding Child Agreement and seek legal advice.
Ways of solving family disputes
Collaborative law follows a respectful approach to solving family disputes involving both parties, their lawyers, a coach, and financial advisers. However, in such a case, the lawyers work together and with other members to meet their client’s proposals. The proceeding occurs outside the court, and none of the lawyers can represent the client in a court Collaborative law is unsuitable in circumstances of domestic violence.
Mediation is a requirement on parenting disputes except in urgency or family violence. Clients must be cautious of engaging mediators on property settlement since most of them are not advocates. Parenting plans after a successful mediation is not legally binding. Shuttle mediation can transpire with parties in different rooms, and experts prefer lawyers as mediators.
Arbitration involves a private hearing that is preceded by an arbitrator who makes a decision that is registered and bound by a court. The process is faster and cheaper in solving family disputes.
Clients seeking separation, divorce, property settlement, or child support issues require different options apart from court hearings. Other options for solving unhealthy marriage and family issues include arbitration, collaborative law, and mediation. Although these options seem more refined, certain situations such as family violence require court hearings.