A divorce is a dissolution of a marriage contract and requires a large amount of legal work to arrange as well as carry out. This is due to the fact that one party in a divorce is almost certainly disadvantaged by the arrangement, and this is complicated even more if there are children present as the result of the union. Divorce law is a branch of civil law that deals with divorces and the legal casework that arises from one with regards to the division of property, rights to children, child support payments etc. Divorce is often initiated with the assistance of a divorce attorney who will document the process and gather evidence to safeguard their clients’ interests. Agencies that provide legal services such as divorce lawyers Brisbane often have specialised divisions of divorce lawyers who are experienced with the nuances of the field and can adapt to the nature of the divorce. For instance, not all divorces are the result of animosity or fuelled by spite; in this case, the lawyer is able to collaborate with the other party to achieve an agreeable result instead of going on the offensive and perhaps losing the case for their client.
Reason for Divorce
Depending on the type of divorce and the jurisdiction, there may be no-fault divorces and fault-based divorces. In the former, there does not need to be any conflict or instigation of a conflict in the union but rather the acknowledgement that the marriage does not function properly, and a dissolution is sought by mutual request. The latter however requires the wronged party to prove that there has been a cause for the marriage to end and that the other party caused it. Common reasons include abuse, adultery, and abandonment. No-fault divorces may not be allowed by law in certain jurisdictions.
Children
The presence of children complicates the divorce process severely. In this case, the legal systems’ primary objective is to safeguard the wellbeing of the children. Since the custody of the children is also a significantly emotional issue for parents, this may not necessarily align with the view of the courts and lead to various conflicts. The courts take into account the capability as well as the willingness of both parents, but the priority is given ultimately, to the preference of the children themselves.
Property
Traditionally, a divorce causes the property of the couple to be divided equally among the parties. This does not necessarily require liquidation of the property. For example, one party might get the rights to a house whereas the other the rights to their vehicles and so on. This has been done historically as the party that would stay home to care for children are disadvantaged financially compared to the party that would earn a living. There may be certain legal complications with the division of property through the use of prenuptial agreements which may require the plaintiff to prove to the court that their agreement is valid or that its conditions are met for its rules to apply.
