Family Law

Legal Aspects of Nullity Under Australian law

Nullity Under Australian law

Apart from divorce, nullity constitutes another way of bringing marriage to an end. However, Family Lawyers will advise you that in contrast to divorce as the ending of a valid marriage, a declaration of nullity under Australian law implies that there was no legal marriage between the parties, notwithstanding the fact that parties might have held a marriage ceremony.

As a matter of Australian law, it is a prerogative of the Family Court of Australia to declare a marriage invalid. In making decision on the legal validity of a marriage, the court considers the following factors: 1) whether the parties were already married at the time of their marriage ceremony; 2) whether the parties were underaged and did not have the necessary approvals, or 3) whether the parties were forced into the marriage without their free will (under duress).

Here, it is extremely interesting to note that the court will not declare a marriage invalid on a variety of grounds, such as family violence, failure of the spouses to live together, non-consummation of marriage, etc.

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Any Doubts Regarding Negotiation of Financial Agreement?

Financial Agreement

Family Dispute Resolution can help you Resolve Financial Issues in case of Divorce

Although divorce can be traumatic and overwhelming, it’s important to keep your interests in perspective and negotiate a fair financial agreement. Trusted family lawyers recommend the Family Dispute Resolution rather than going to Family Court; going to court should be the last option, if you are unable to come to an agreement. Family Dispute Resolution encourages partners to work through issues in a logical and understanding manner. Discussions that are driven by resentment and anger will not achieve the desired results.

In Australia, the Family Dispute Resolution process (known as FDR) involves the assistance of an impartial, fair and qualified FDR practitioner who will help the divorcing couple resolve issues in an amicable manner. The objective of the FDR practitioner is to help the divorcing couple reach a mutually satisfying financial agreement.

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Are High Costs of Divorce Making you Nervous? Explore less Expensive Alternatives

Costs of Divorce

Divorce is a difficult experience for men and women, financially and mentally. Top family lawyers Robertson Hayles Family Lawyers suggest that in addition to being emotionally stressful, divorce proceedings are typically driven by negativity, resentment and anger as opposed to reliable judgment and rational decision-making. Failure to agree on issues and acrimonious interactions result in lengthy, costly and tense court battles that seem to drag on forever.

Bitter and caustic divorces have a long-term impact on your financial health and couples may experience the adverse consequences long after the legal battle is over. High lawyer fees, steep court costs and other expenses result will make a huge dent in your hard-earned money. However, the good news is that divorcing couples need not undergo such stressful and prolonged legal proceedings. By adopting a synergistic and collaborative approach, they can resolve their issues, work out settlements to mutual satisfaction and move on with their lives.

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Experiencing Difficulties in Following Parenting Orders?

Parenting Order

Make a Legal Request to change Parenting Orders

In the eyes of Australian law, all individuals under the age of 18 are considered children and they must be cared for by parents regardless of extraneous circumstances affecting their relationship. If you seek legal guidance, top family lawyers such as Lynn and Brown Lawyers will explain that parenting orders are issued by the Family Court and are intended to ensure the welfare of the child. Whether parents remarry, divorce or separate, they are legally obliged to care for their child in accordance with the parenting orders provided by the court.

The Family Court will usually issue parenting orders after the parties reach an agreement or after a court trial or hearing. Once parenting orders are issued, all parties affected by the order (parents, caregivers and so on) are legally obligated to follow the guidelines and recommendations.

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Divorce is Often Stressful and Traumatic: Taking Precautionary Measures can Help Ease out the Process

Precautionary Measures

For most of us, the decision to end a relationship is often a life transition point. Reputed firms such as Robinson Family Lawyers can provide valuable advice regarding potential problems and pitfalls. It’s always a good idea to take simple steps and precautions to ensure that divorce proceedings are simple, straightforward and quick. Lengthy divorce hearings, stressful interactions and prolonged court ordeals result in worry and anxiety and may affect not only you but also other loved ones in your family. Resolving financial issues and protecting your rightful property and assets can help you move on to lead a fulfilling and happy life. Feelings of rejection, anger and resentment may prevent us from making positive decisions.

The most important thing is to ensure that your financial assets are protected. Although, this may not seem important to you at the time, having free access to your rightful monies may prove invaluable down the line. The following list describes some important things that you may wish to do in order to ease the difficult process of divorce.

  • First, make a detailed list of all your assets. Separate this list into assets under your name, assets under your partner’s name and assets held jointly.

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