Burra Robinson Family Lawyers (https://www.brfamilylaw.comhau/our-services/divorce/) of Perth, WA, noted that Australia’s divorce rate has been on the rise since 2021. Many believe that the upward trend is a dire consequence of the COVID-19 lockdown. The difficult and challenging conditions of the period had put relationship to a test, which unfortunately resulted in the breakdown of marriages.
While studies show that domestic violence is the leading reason why divorce cases continue to rise in Australia, separating couples no longer have to prove who is at fault in the breakdown of the marriage. The Family Court though wants couples to undergo a 12-month separation period as a means of determining if they truly want out of the legal union.
If so, they can jointly or solely apply for a divorce online. Since the Family Law Act 1975 modified the divorce proceedings into a no-fault divorce system, many believe it’s the underlying reason why the country’s divorce rate is on a continuing rise. After all, applying and getting approved for a divorce is no longer a tedious and hostile procedure.
Legal Agreements that Couples Must Submit to the Family Court
Binding Financial Agreement or Separation Agreement – A document containing a concurrence between both spouses regarding the distribution and division of marital assets acquired during marriage using commingled marital funds. In the discussions, legal representation is best for each spouse, to ensure that the division of marital assets is fair and equitable.
Child Custody Agreement Under Australia’s family laws, both the mother and father have equal responsibility in caring for and raising the children. However, equal sharing of children is true only if there is no occurrence of domestic abuse and violence.
Spousal Maintenance – Without prejudice to the marital asset distribution agreement, a petition for spousal maintenance may also be filed with the Family Court as part of the divorce proceedings. Still, when approving a petition for Spousal Maintenance, the Family Court considers certain economic factors that give rise to a partner’s financial need; or factors that affect an ex-partner’s capability and ability to provide spousal financial support.
Examples of such factors include age, current health and medical conditions, employment status, financial obligations, below 18 years old child/children in their mutual care.
The spousal maintenance that the Family Court approves is usually non-permanent. It will last until such time that an ex-partner regains her or his ability to find and keep a decent paying job. Yet if a former wife or husband lost his or her physical or mental ability to land a good-paying job as a result of an abusive or unhealthy marriage, the Family Court could order the payment of a permanent spousal maintenance.