Category: Legal

Getting A Divorce In Australia If You Were Married Overseas

Getting A Divorce In Australia If You Were Married Overseas

With the ever-increasing number of people who are choosing to live overseas, it is not uncommon to have couples from other countries living in Australia permanently. However, that does not make them immune from relationships turning sour, and should that couple decide to divorce, they will need help and advice from Perth family lawyers.

That would also be the case for couples who were born in Australia, got married here, and live here, but for those who were married overseas, getting divorced in Australia means that there may be some doubts in the minds of some of them as to how it can be done, and indeed to question if you can get be divorced in Australia if you were married overseas.

As any divorce lawyer will tell you, you can indeed get divorced in Australia if you were married overseas. However, as with any divorce, there are certain criteria that have to be met for the divorce to proceed and be validated by the court.

The first set of criteria relates to a couple’s relationship breaking down and the requirement that in order to be divorced, they must have separated and been living apart for a minimum of 12 months. The other scenario that the court will want to be confirmed is that there is no reasonable chance that the couple will reconcile and get back together.

Obviously, with the fact that the couple may not be Australian nationals and with them having been married overseas, the court will also want confirmation that the couple, although living apart, are both permanent residents of Australia and have lived here for a minimum of 12 months.

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Important Matters to Consider During a Divorce

Most of the time, going through a divorce is confusing, depressing, and can seem excessively complicated. You may be asking for legal permission to be separated from your lawfully wedded spouse, but several things need to be taken into consideration, like arranging for proper documents, employing family lawyers, and seeking the court’s permission to file a divorce application.

Be Certain You Want to be Divorced

Despite this being an obvious point, sometimes the decision of opting for a divorce could be a spur of the moment reaction. In other words, you should not jump towards for a divorce based on one extremely emotional incident or outburst. If divorce is what you really want, then you need to be absolutely certain of it.

You should exhaust every resource in your power towards reconciliation, but if that does not work, then be aware that after you’ve served divorce papers to your spouse, it’ll be hard to turn back from that.

Even if you change your mind, your spouse may feel they have gone too far along the process to change theirs. After all, the courts can grant a divorce even if it’s only one spouse asking for it.

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Prevent Legal Action Against Your Business

How to Prevent Legal Action Against Your Business

There are many reasons why you would want to prevent legal action from being taken against your business, and that applies even if you already have excellent commercial lawyers at your service. Contesting litigation is not only a process that can prove to be expensive, as it proceeds, the levels of stress for business owners, can be significant.

There is also the negative impact legal action may have on your business being able to run properly. It can mean that important decisions are put on hold, and also that financial planning is compromised due to the potential financial penalties being imposed on it.

Even worse, commercial lawyers say if the details of the legal action become public knowledge, it can cause clients and customers to be more reticent about doing business with you whilst the case is ongoing. Even if your business wins the case, until that point you could see a downturn in sales, and that obviously causes income to be reduced, which is hardly ideal when you might need additional funds to fight the legal action against your business.

Now that we have explained why you want to avoid legal action against your business, the important thing to remember is that there are many ways in which you can prevent it from ever happening, so let us look at some.

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