Executive Chronicles | Everything You Need To Know About Brisbane’s Divorce Settlements And Agreements | Legally, the term “divorce” refers to a marriage officially ended by a court of law and in agreement with the two partners present. It is the formal end to a certified and legal marriage following which actions for parenting and divorce property settlement in Brisbane follows. This article examines each in detail but first, take a look at what it takes to get a legal divorce in Brisbane:
- Both spouses must submit or show proof that the marriage is no longer beneficial and is in no way mendable.
- Both parties must be citizens of the country and must have a permanent address for at least 12 months before the date of registering for divorce. Australia must be the permanent home even for overseas marriages.
- Both parties must have a separation period of about 12 months, the separation being filed by either one or both parties before the court of law.
Separation generally refers to the period when spouses live separately, either initiated by one person or agreed by both partners. The official separation label will be granted for couples who are “separated” but live under a single roof as long as specific legal criteria are met. Joint applications are available for both spouses. Single applications can also be filed by one party, which is usually filed in Brisbane’s Federal courts or family courts, whichever is preferable.
There are many services in Brisbane that help families cope with the divorce processes, attributing to the mental strain and stress incurred by both partners and the children involved. Contrary to that fact, Brisbane divorce rates have been dropping in the last few years as couples tend to wait longer before deciding to settle down.
Children: The Primary Victims Of Every Divorce
The federal and family courts will want to know where the children will be staying, who will support them financially, and how they’ll be maintaining their relationship with the parents. As far as divorce cases go, a child’s health, well-being, and education will always come on top of every list. In certain cases, courts may restrict rights to visitation if the person was found guilty of intoxicated behaviour, mental or sexual abuse. Spouses can even apply for a divorce online if they meet the necessary legal requirements during the filing process.
Properly Settlements In A Divorce:
Settlements are arrangements made to split or share assets and properties or anything valuable or generate income. A divorce property settlement in Brisbane usually ends with the couple splitting the assets unless the court orders otherwise. Things mentioned below can be filed under assets that are eligible to be split between partners after divorce:
- Any properties currently owned or shared by both partners
- Any fund in a trust which is regulated over by a preceding body
- Interests in a business or any other funds obtained through investments and deposits
- Jewellery and valuable objects like silver and platinum
- Any generational wealth and other properties acquired by the person through inheritance
- Liquid assets and money
- In some instances, animals may also be considered part of a property, eligible to be split (not literally) according to the value at the time of divorce
Just as properties are split between the two groups, liabilities are also eligible to be split and both parties will have to pay for the debts, tax regulations, loans, mortgages, and other obligations according to the property under their ownership.
For those who cannot make agreements individually, Brisbane courts can take on the role and divide the properties as needed according to the status and interests of the parties involved.
Author’s bio: Ester Adams is a farmer of words in the field of creativity. She is an experienced independent content writer with a demonstrated history of working in the writing and editing industry. She is a multi-niche content chef who loves cooking new things.