However it is not unheard of for one partner to disagree or try to avoid signing paperwork that makes the divorce official.

Given that 48.8% of divorces in Western Australia involve children, it is important for a divorcing couple to maintain civility even if their relationship is beyond repair.

So what can you do when your ex-spouse is refusing to sign divorce papers?

What the law says

Australian Law has the principle of no-fault divorce. That means the Court does not consider why the marriage ended, only that the marriage has irretrievably broken down.

Your divorce application must satisfy a few requirements:

• You have been separated for at least 12 months
• There is no reasonable chance of repairing the marriage

It is not necessary for both partners to agree on getting divorced. Divorce applications can be filed with the Court as sole or joint submissions.

Keep in mind the Court will not issue a divorce order until is satisfied your ex knows about the application.

Can a divorce application be rejected?

A Perth divorce lawyer can help sole applicants going through a divorce to serve former partners with a copy of the application after it has been filed.

If they decide to formally object, there are only two grounds for doing so:

• You have not been separated for 12 months
• The Court does not have jurisdiction to grant a divorce

What happens next?

Going through a divorce is tumultuous, but as experienced Perth divorce lawyers we’re here to help.

After your divorce application is accepted the Court will set a hearing date. Sole applicants with children from the marriage under 18 must attend this hearing in person to demonstrate proper arrangements have been made for the children.

A divorce application will not sort out the details of property, child arrangements, or finances. It’s up to you and your lawyer to work with your ex-spouse’s lawyer if you cannot reach a mutual agreement alone.

If you’re going through a challenging divorce, Leach Legal can help. Our Perth divorce lawyers have helped thousands of couples reach a fair and, wherever possible, amicable conclusion to a marriage.

Schedule a free 15-minute consultation to discuss your options with our highly experienced team.

The post What to do When Your Spouse Won’t Agree to a Divorce appeared first on Leach Legal.

Even if your separation is amicable it is important you are prepared as a single parent travelling with your child.

Getting a passport

If your child does not currently have a passport both parents will need to sign the passport application.

The non-travelling parent may refuse to sign the documents. When an agreement cannot be reached you will likely require advice on making a Family Court application.

The Court has the power either to require the non-consenting parent to sign the application, or to rule their signature is not necessary.

Difficulties with consent

Passport applications and travel plans can be disrupted by the non-travelling parent for several reasons:

• Concerns for the child’s safety in the foreign country
• The length of international travel
• Genuineness of plans to return to Australia
• Whether the child will be affected by the absence of the non-travelling parent

This is especially common in separated families where the split was not amicable. The Family Court will use tests to ensure your travel plans are genuine and you show sufficient ties to Australia to not be considered a flight risk.

Sometimes a bond, either monetary or as security over an asset, is deemed necessary to ensure travel conditions are met.

In all cases the child’s best interests, especially their welfare while overseas, is the main concern.

Making a Family Court application

Single parents planning international travel with their child should plan well in advance to avoid disappointment from cancellations or delays.

Alternatively, both parties can agree on provisions for overseas travel that stipulate mutually acceptable conditions for travel.

Our Family Lawyers can help parents from a separated family make international travel plans or gain consent in event of a dispute.

The post International Travel in a Separated Family appeared first on Leach Legal.

HOP TO IT AND PLAN AHEAD

• Start making plans and discussing arrangements with your ex-partner as soon as you can.
• If you really need a specific day then try to negotiate an arrangement reasonably. Think about negotiating a time-sharing arrangement, trading other days or alternating years so your children spend this Easter with you and next Easter with your ex-partner.
• Ensure your agreement is specific. For example, what days will the children be with you? when and where will the changeovers be and who will they be conducted by? It is extremely important that the terms are not vague or ambiguous so that they do not result in any conflict or misunderstanding.
• Ensure that anything you agree on is put in writing. You can do this by text, email or through written correspondence from your lawyers.
• If you do not have any arrangements in place or cannot come to an arrangement on your own, ask one of our lawyers for assistance. We can draft orders with as much detail and flexibility as the parent’s require ensuring they are enforceable and in the best interests of the children.

DON’T BE A ROTTEN EGG

• Don’t do anything to prevent your ex-partner from also sharing special time during the holiday with your children.
• Being stubborn and unreasonable with your ex-partner will not make Easter an enjoyable time for your children so try to ensure you don’t do anything to make them feel as if they are stuck in the middle of your feud.
• If you have agreed on a handover time then make sure you return the children regardless of how you feel about your ex. If you are considering drastic measures such as not returning the children then stop and think about how this decision will impact your children, your future ability to co-parent with your ex and the impact it will have on your matter if it ends up in Court before a Judge.
• Don’t be the irresponsible parent. Just because your ex has been unfair doesn’t mean you have to retaliate and react in the same manner.
• As part of most holidays there will be additional financial pressures, increased emotions and increased consumptions of alcohol which may all lead to various incidents occurring in such environments. To ensure things don’t get out of hand, try to remain calm and focused and limit your alcohol consumption throughout the holiday period.
• Do not argue with the other parent in front of the children as this will only create an unhappy environment for them. The last thing you want to do is create more conflict or have an incident occur which may have domestic violence proceedings commenced against you.
• Do not criticise or degrade the other parent in front of your children. Your children love you both and their relationship with both parents must be protected.

LOOK ON THE SUNNY SIDE UP

• Considering what is in the best interest of the children is the overriding principle in Family Courts so ensure that everything you do is in the best interests of your children regardless of how you feel.
• Take whatever opportunity you can to see your children regardless of however small the time frame may be. Your children will be excited to spend even the smallest amount of time with you.
• Remember that the most important thing is to make the occasion special for the children. View this as a new beginning for yourself and your family so create some new traditions and find some new ways of celebrating the occasion as well.
• Surround yourself with positive and supportive people and try to look for something positive in every situation you are faced with.
• Remember that in time the holidays will get easier and better but for now you just need to get through your first one.
• Lastly and most importantly, always get legal advice about the options that are available for you to help you plan for the future ahead.

The post Parenting Arrangements for Easter appeared first on Leach Legal.

Whether you are ending a marriage or a de-facto relationship, breaking up is never easy and there is much to be sorted out. Every situation is different and you’ll want to get a good divorce lawyer or de-facto relationship lawyer in Perth to guide you through this process.

Depending on how the involved parties approach the process, it can be protracted and painful or it can be concluded in a much smoother manner, if the couple agree to work together to reach the best outcome for all. Remember that if you are in a de-facto relationship for two years or more, you are covered by the Family Court Act. If this is not the case, then very different rules apply, which you’ll want to consult your divorce lawyer or Family Law expert about.

Here are a few tips which may help as a good starting point in the separation or divorce process.

1. Seek legal advice – sounds simple, but the first stop should be at the office of a good Family Lawyer or divorce law expert. Getting the right advice from the beginning will save you a whole lot of time, money and stress.

2. Get financially clever – money and finances are very often at the heart of most difficult divorces so it is wise to protect against debt which could be run up by your former partner during divorce.

3. Safety first – unfortunately divorce and separation can get ugly. Tensions flare and people say and do things in the heat of the moment. Make sure you have a safe place to live and if necessary, have the locks changed as soon as possible.

4. Consider the kids – both parties, should try and put the welfare and needs of their children first in this process. Custody and access agreements should be overseen by a legal professional and every effort should be made to make the separation process as painless as possible for the children.

5. Look to the future – remember that this process will not last forever. Visualise a bright, healthy and positive future ahead and try to remain focused and calm throughout so that a swift resolution can be reached to the benefit of everyone involved.

The post Separating and Settling Amicably appeared first on Leach Legal.