COURT-ORDERED DRUG TEST FOR THE CHILD CUSTODY CASE

 

Drug addiction is always harmful. It is not wise to take drugs, and when it comes to parenting a good parent will never do such a thing. But in the past few years, there has been a rise in cases. Where parents are hurting children after consuming drugs. If you go through a drug and the test is positive your chances of meeting the child are reduced. Also, you will not be the guardian after a positive hair or drug test.

Why does the court order a drug test?

There are two possible reasons for a hair follicle drug test. The first reason is that the non-custodial party requests the court for a drug test. The court can order the test according to the circumstances.

The other reason is the court can order the test on their own for the safety of the child. After the reports, the court can decide who will get custody.

When it comes to child custody the court decides according to the child’s best interest standard. The court will consider the age of the child. Also, it considers the financial situation of each parent before granting custody.

The drug test is one of the key factors that help the court in giving custody to any of the parents. For instance, if one of the parents is drug-addicted and the other is not. In this scenario, the court will give custody to the parent who can offer a better life for the child.

The hair follicle drug test usually includes:

Urine sample to test for different drugs

• A tube of spit
• A hair sample
• A test to examine the nails

The court may also take your drug test on the same day as your hearing to check if you are lying or not about the use of drugs.

The main reasons for drug test:

A court can also order drug tests if there is evidence or a witness that one of the parties consumes drugs. Also, if there are any drug-related activities or drug habits. It is often true when one of the parties states that the other party is a drug user. If one accuses the other of being a drug addict the court can order a drug test for both parties. 

Furthermore, even legal drugs can get you in trouble. If one of the parties is using them. And the child has easy access to drugs then the court may reconsider their decision of child custody.

What if you refuse to take the drug test?

If a party gets a positive drug report they will not get the child. If a party does not have custody of the child they can still visit the child.

It is not good to deny the court’s order. Even if you do then you may lose all the parental rights. The court can also send you to jail.

What happens if I have a positive report?

If the reports are not in your favor then you will not get child custody. As the court wants to give the best environment to children. But the court will reduce your parental rights. You will have permission to visit the child only.

The court decides according to the current situation. You can change it in the future by giving a medical test to prove that you are no longer taking drugs.

These cases can get worse if both parents are victims of drugs. In this scenario, the court will take custody of the child from both parents. A third party will take care of the child until one of the parents becomes responsible.

There are three major tests involved in drug testing. The tests are a hair follicle test, urine analysis, and alcohol test. Let’s know a little about them.

Hair Follicle Drug Test

Hair follicle test:

A parent can go under this test if they are accused of using drugs before. This process starts with taking a hair sample from the head of the person. This process informs the pattern of drug use. This test can get the data for the last three months. It can detect different types of drugs. There is a hair follicle testing cost, which is paid by the person who is being tested or the parties can also share it.

Urine analysis:

The court can order for a party to undergo a urine analysis. The court may order it regularly or at random times.

This test is cheaper than the hair follicle test. Also, it is not that effective. Some drugs remain in the human body for a while which makes this test impractical.

Alcohol test:

If there is an accusation of alcohol consumption the court orders to take a blood test to check the liver. The high damage to the liver will show that the person has used an excessive amount of alcohol. The court can also order EtG testing. The test starts by taking a blood sample. This test can state the consumption of alcohol about five days before the sample is taken.

The accused party may also go through hair follicle testing for alcohol abuse. It used to check if a person had used alcohol over a certain time. This method is the most efficient to test alcohol consumption.

Conclusion:

It is never good to be a drug addict or to consume too much alcohol. You will not be healthy if you have this bad habit. Also, a good parent does not want his children to adopt a bad habit. So, try not to get addicted, or else you can lose your child.

As mentioned above there different tests for detecting drug consumption. You will have to take these tests no matter in which state you live in. you will have to go through DNA testing in Brisbane or the court can ask you to take a drug test in Brisbane. It applies the same for all other states.

Frequently asked questions:

What is the difference between a hair drug test and a hair follicle drug test?

In general, there is no difference in these tests. Actually, the hair follicle is the pocket below the scalp from where the hairs grow. In a drug test, the hair is taken from the nearest point to the scalp. During the test, only the strands of hair are tested but not the actual hair follicle.

How much hair is needed for a hair follicle drug test?

Usually, only 100 milligrams of hair is needed for the test.

How much does hair follicle testing cost in Melbourne?

There are different laboratories in Australia which are conducting hair follicle tests. This test is expensive, it usually costs 1000 dollars per test.

What do they look for in a urine drug test?

In a standard 10-panel test they look for PCP, amphetamines, opiates, cocaine, methadone, and some other drugs. There is another test for urine that is a 5-panel test. This test only looks for PCP, cocaine, marijuana, opiates, and amphetamines. The 5-panel test is the most requested test.

What happens if a parent gets a positive drug test?

If a parent fails the test the court will not give custody to this parent. That parent will have fewer parenting rights. But still, he or she will have the right to visit the child. The parent can also change this order by proving to the court that he or she is no longer taking drugs.

Article Source: COURT-ORDERED DRUG TEST FOR THE CHILD CUSTODY CASE

Aylward Game Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

 

Aylward Game Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

A service to help separating families resolve their family law disputes. The Family Dispute Resolution Service offered by Aylward Game Solicitors Incorporating James Noble Family Law includes family law education, legal information, family counselling, dispute resolution, family conciliation and group work to help couples who are separating to resolve their family law disputes. These disputes may include conflicts over child care, child support, financial arrangements and property settlement.

Traditional Family Law Mediation or Mediation Without Lawyers. We have options to help you reach a resolution without high legal costs

Mediation is a style of dispute resolution where an independent person helps you and your ex-partner resolve any disagreements. This can be for division of property, child support, parenting issues or spousal maintenance. Mediators do not give legal advice. They assist the parties to negotiate an agreement that is fair. Family Law offers a mediation service.

Family Dispute Resolution endeavors to help separating couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are typically used to assist in this process.

Collaborative Practice – the new alternative to litigation

Collaborative practice is a popular dispute resolution method developed in the United States in the early 1990s. It has gained rapid popularity in the United States, the United Kingdom, and Canada. Now Collaborative practice is available to help people in Australia.

Benefits of Collaborative Practice

• You have the benefit of being advised and supported by your lawyer at all times.
• The outcomes are generally faster than traditional negotiation methods and most certainly quicker than court outcomes.
• The outcomes are certain and long-lasting because they are owned by you as you assisted in creating the outcomes.
• The process promotes co-operation in the future, particularly where long-term investments are involved.
• Resolutions are reached in a dignified and respectful way.
• The outcomes are often tailor-made and more creative providing fairer settlements. 

The collaborative practice may be suitable for you and your partner if both of you:

• Wish to spare your children from the emotional damage litigation can cause.
• Accept personal responsibility in moving forward and reaching an agreement.
• Believe it is important to create healthy and more holistic solutions for your future.
• Understand and embrace the necessity to make full and frank disclosure about financial issues.

The collaborative practice may not be suitable for you and your partner if either of you:

• Have a primary aim to seek revenge against your former spouse or partner.
• Are looking for a “soft option”.
• Believe the procedure will pressure your spouse or partner to agree to your wishes.
• Want to avoid giving certain financial information to your spouse or partner.
• Where your relationship has experienced domestic violence or any form of abuse. If this is the case, the lawyers will first have to determine whether Collaborative practice is appropriate. It may be that other professionals are required to be involved to assist and support you through the process and to ensure that your interests are promoted and protected.

Make your own decisions 

The Collaborative approach will enable you and your partner to resolve your issues respectfully so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved. In the Collaborative practice process, the emphasis is placed on reaching an agreement, rather than having to ‘battle it out in Court’. 

Commitment to the non-confrontational dispute resolution 

In the Collaborative practice, you will be asked to sign a Participation Agreement so that you demonstrate your commitment to resolving your differences with your partner in a respectful manner, with full and frank disclosure of information, and with a minimum of conflict. Open communication will build an environment of trust. This trust will help you, your partner, and both of your lawyers to work together in finding workable solutions to your dispute.

In Collaborative practice, you and your partner and your lawyers will work together to share information and to arrive at solutions through a series of meetings. Your lawyer will never negotiate deals without your active participation. A major benefit of Collaborative practice is that you and your partner can each contribute to the compromised agreements that you make together, instead of having to settle with a decision imposed upon you by the Court.

Total ‘out-of-Court’ settlement with Collaborative practice 

At the commencement of the collaborative process, all parties and their lawyers will enter into a Participation Agreement. Pursuant to the terms of the Participation Agreement the parties agree that they will not litigate their matter in the Family Court. This means that if either you or your partner decides to commence proceedings in Court and continue with such proceedings during the collaborative process, your collaborative lawyer will not be able to represent you in the collaborative process they will only be able to refer you to another trusted practitioner to handle your Court case.

How does it all work?

Collaborative practice is different from going to Court. You will be in a room with your lawyer as well as your partner and their lawyer. Both lawyers will be properly trained in the collaborative approach. We all work together towards the common goal of resolving the dispute between you and your partner, with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout the negotiations. The playing field will be more even between you and your partner because you and your partner will have your respective lawyers to support you, as well as other professionals if necessary and with your consent.

The integrated approach of Collaborative practice

Collaborative lawyers often work with other professionals, such as accountants, financial planners, valuers, counselors, and mental health professionals, who are trained in the collaborative approach. These people will work together with your collaborative lawyers with your consent with a focus on developing an overall dispute resolution package that will provide both you and your partner with security and direction.

Overview of Mediation

Mediation is a voluntary process, but the Family Court may order that you and your partner participate in mediation, depending on your circumstances. Only you, your partner, and the Mediator will be part of the Mediation process. Depending on the level of conflict and personal dynamics of the relationship between you and your partner two Mediators may be necessary.

If the Family Court orders mediation or you and your partner agree, you may be allowed to have your lawyer present in the mediation. The Mediator’s role is to assist communication between you and your partner so that you can have open discussions and negotiate a settlement.

Role of the Mediator

The Mediator’s aim is to facilitate open communication between you and your partner so that you can:

• identify issues of the dispute;
• generate options to address these issues; and
• agree upon ways to resolve the issues (i.e. ‘settlement’).

The Mediator’s role is essentially a neutral one. The Mediator:

• will not take sides;
• will work with both you and your partner to help you negotiate your own decisions together; and
• will not represent either of you in Court either before or after the Mediation.

Characteristics of Mediation

• All decisions in mediation will be made by you and your partner, not the Court or anyone else.
• The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
• Mediation is readily accessible, making it fast and efficient.
• Mediation is a popular form of alternative dispute resolution. 

What is the difference between Collaborative Practice and Mediation?

Mediation involves an independent neutral professional who facilitates discussions between the parties and helps them to reach an agreement. The Mediator does not provide legal advice to either party during the discussions.

In Collaborative Practice, the lawyers provide advice to their clients and help them assess realistic options. The lawyers then support the clients through the negotiation process to reach an agreement.

Costs associated with the Collaborative Practice and Mediation

• Initial consultation with your lawyer.
• The assistance of the lawyer to complete a short history statement, if necessary.
• The assistance of the lawyer to provide full disclosure of documents, if necessary.
• Attendance by the lawyer in the Mediation session and in the Collaborative meetings.
• Attendance by the lawyer in the Mediation, or throughout the entire collaborative process.
• Preparation of consent documents by the lawyers.
• Involvement of the lawyer throughout the collaborative process.

Other information relating to costs of Collaborative practice and Mediation

• Discussions and agreement on the payment of the fee.
• The fee may be a shared arrangement.
• The costs of the Mediator will be agreed upon prior to the commencement of the process.
• Because of the short duration for the preparation for attending to and completion of the Mediation and Collaborative practice processes, the costs are limited.

Cost of Collaborative practice Mediation compared to Litigation

Because Mediation and the Collaborative process resolve matters speedily and amicably, the financial and emotional damage normally caused by Litigation will be avoided by you, your family, and your friends.

Mediation and Collaboration will also serve to minimize conflict between you and your partner so that you can make amicable decisions regarding your finances and other personal interests. It will form a basis for your ongoing relationship with each other.

How is Collaborative practice different from traditional Court proceedings?

When one party commences Court proceedings they file an Application with the Court setting out the orders they want the Court to make. Both parties then go through a sequence of Court proceedings and conferences and hearings that can take many months or possibly years before they have a final trial where a Judge makes a decision as to what orders will be made.

Through Collaborative practice, separating couples and their lawyers work together, sometimes with other professionals such as relationship therapists, valuers, accountants, and financial planners, to find out what each party wants and how that can be achieved. The Court is not involved in this process and no documents are filed with the Court whilst the negotiations are ongoing. If an agreement is reached, the parties can elect for it to be drafted as a consent order to be lodged at the Court or to be incorporated in a binding financial agreement.

Don’t be frightened to make inquiries and conduct your own research. It is better to be empowered with legal and other knowledge than to worry about problems that may not exist.

Invitation: You are welcome to arrange an obligation-free 20-minute consultation with one of our qualified lawyers, to discuss your circumstances.

The efficiency of Collaborative Practice and Mediation.

Article Source: Aylward Game Family Law Brisbane specializes in Mediation and Family Dispute Resolution.

BRISBANE’S BEST LAWYERS, JUST GOT BETTER

  

Two of Australia’s most dynamic legal firms are merging to form a powerhouse team of Brisbane solicitors that are committed to the traditionally practiced values of the legal profession.

The joining of these established Brisbane law firms and their collective practices will harness nearly 80 cumulative years of experience in the fields of family law, employment law, and commercial business law; with expertise in divorce and dispute resolution as well as vendor finance and the full range of business, banking and finance law.

This merger brings Aylward Game Solicitors to the forefront of solicitors who are there to provide you the best advice and representation in the legal matters your face.

Aylward Game Solicitors has been diligently servicing the legal needs of clients throughout Queensland and around Australia for 17 years. Our partners, Mark Game and Ian Field have more than 40 years of experience in legal practice.

Experience, education, and solid support staff are the foundations of a solid law firm.

Mark Game is experienced in all aspects of banking and finance law and is one of only a small group of solicitors in Queensland with expertise in vendor finance. He also holds a Queen’s Commission as an officer in the Australian Army. He went inactive in 2001 after over 20 years of service to the Army Reserve as an Infantry Corp Officer.

Ian Field is a member of the Family Law Practitioners Association of Queensland and is trained as a Collaborative Lawyer. He is experienced in employment law, as well as preparation of wills and enduring powers of attorney, and the administration of deceased estates.

James Noble, formerly of James Noble Family Law, Brisbane, is a Queensland Law Society accredited family law specialist. He comes to Aylward Game Solicitors with more than 38 years of experience in family law. He is a member of the Family Law Practitioners’ Association, the Family Law Council of Australia, and the Family Law Section of the Law Council of Australia. He is also a Notary Public and a member of Queensland Collaborative Law. James and his team of professionals offer expert legal representation, support, and advice on options available to foster a resolution to your family disputes in a timely and cost-effective manner.

Charles Noble is an experienced divorce lawyer who will work with you to get the best long-term resolution to your legal affairs. He will steadfastly guard your interests and assist you to understand all of your available options and possible courses of action.

Experience, education, and solid support staff are the foundations of a solid law firm. At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Our support teams include Libby Decaux, with over seven years of experience as our Conveyancing Manager. Allyce Ardern is our Legal Secretary and been with Aylward for more than five years.

At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Together, we are all Aylward Game Solicitors, a formidable legal team waiting to serve you. You can engage our experts and book a case evaluation using our website at Aylward Game Solicitors.

Article Source: BRISBANE’S BEST LAWYERS, JUST GOT BETTER

WHY DIVORCE RATE IN AUSTRALIA IS SO HIGH?

  

Before discussing the details of the divorce in Brisbane or anywhere in Australia. Let us discuss the term marriage. Marriage is known as a legal contract between two people. They are united due to this contract. They are together in all formats of life. Marriage also gives a happy sexual life. And about divorce, the ending of this contract is known as divorce. Divorce officially announces that these persons are no longer together. When one of the persons is not feeling comfortable with the other one, he can demand a divorce. Luckily the percentage of divorce rate in Australia has reduced.

No-fault divorce: 1975:

The divorce rate in Australia was very high before 75. It had to be reduced. In 1975 a law was passed it was named “no-fault divorce”. This law was introduced for the first time in Australia. In the first year of implementation, the divorce rate increased. Amendments were required in this family law. In 1976 there were some changes in the law to make it better.

It says that couples should be separated for at least 12 months before applying for a divorce.    

Now let’s discuss the details of the divorce rate in Australia.

What is the divorce rate in Australia?

In the 1960s and the 1970s, the divorce rate was very high. It was about 4.6 persons per 1000 residents. But it declined when the Family Law Act 1975 was passed. This law supported no-fault divorce. And reduced to just 1.9 till 2016. But it raised again in 2017 up to 2.0. Hence the divorce percentage in Australia has reduced.

Another reason for the decline of the divorce rate in Australia is late marriage or marriage between same-sex. Same-sex marriage is now legal in Australia. In the first 6 months of 2018, 99 percent of marriages were between same-sex.

Duration of marriage:

In Australia, 43 percent of divorced people were married for about 9 years.  And most of their age was between 25 to 30 years.

The average time between their separation is about 8.3 years. And they get divorced within 12 years. It indicates that half of the couples are married for less than 12 years and a half for a longer time. And there are some marriages which last till death.

There is a great chance of divorcing in the marriages of 20 years. In 1990 its percentage was 20 it increased to 28% in 2010. And it again gained peek in 2017 and raised to 27%. 

Have same-sex marriages affected the divorce rate in Australia?

After the changes in Marriage Act of, 1961 same-sex marriage is now legal. There were 3,149 same-sex weddings were registered in Australia till 30th June 2018. And they can also get divorced but not many divorces are reported from these couples.

What are the reasons behind divorces?

The marriage plays the part of the perfect bond between two persons. It is a very wise decision to make. The couples are usually very happy at the start of their marriage. So, what disturbs their relationship? Why do they have a divorce?

An Australian study reported that there is 71 percent of divorces blame “affective issues”. These affective issues are:

• Problems of communication 27%
• Lost connection 21%
• Trust issues 20%

The other causes of divorce in Australia can be:

• Abuse either physically or emotionally 7.4%
• Abuse via drugs or alcohol 7.4%
• Financial issues 4.7%
• Work pressure 2.7%
• Interference of family 0.6%
• Health issues 4.7%

Divorce Rate in Australia

Tips for long term marriage:

We concluded the following points from the life of couples with long-time marriages.

• Respect is a great factor it should come from both sides.
• Have complete trust in each other
• Maintain happy physical/sexual relation
• Have good communication skill to talk about any problem easily
• Maintain equity
• Support the decision made by the partner
• Be cooperative
• Manage time for each other

When applied for the divorce, do I have to attend the court hearing?

It depends on some conditions. You may or may not have to attend the court hearing. Let’s have a look at them:

•   If you don’t have any children under 18 years. Then you will not have to attend the court hearing it applies on both sides.
•   If a joint application is applied then you will not have to attend the court hearing, even if you have children under 18 years.
•   If a sole application is applied then you may have to attend the court hearing on having a child under 18 years.

 What is the procedure to get a divorce?

Getting a divorce is not the same anymore. That is the reason that the divorce rate in Australia has reduced. If you are thinking to get a divorce in Brisbane then Aylward Game can help you easily. Read the points below to get an idea about getting a divorce.

• Live separate lives: Before applying for a job you must separate for at least 12 months. You can get back in touch without re-starting the 12 months for about 3 months. For instance, if you have lived separated for 4 months and again got together for 3 months you will only have to live 8 months separately to complete the 12 months.
• You can live separately under one roof: You can share the same roof even when you are separated. The court will check if you are having sex, sharing meals, or sharing bank accounts. Your relatives should believe that you are separated.
• Remarrying: Don’t think to remarry until the divorce is finalized. Don’t make quick plans. You can get married once the divorce is granted.
• Property and children’s arrangement: The divorce will not resolve the property or children’s issue. You will have to file a separate case for this issue.
• Married for less time: If you are married for a small time and still demanding a divorce. Then you should visit the family counseling. Get a certificate from them and submit it to the court.

How can Aylward Game help?

Though Australia’s divorce rate has declined some issues can demand a divorce. We can help you in many ways to solve the issue.

You should take our counseling sessions before making such an important decision. The court may also ask you to take counseling sessions. These sessions play a vital role in making a decision.

We follow the collaborative practice which is an alternative to litigation. 

Mediation is a good practice. In mediation, you and your partner discuss everything openly in the presence of a mediator. The mediator is neutral and points out the issue by hearing your discussion.

Article Source: WHY DIVORCE RATE IN AUSTRALIA IS SO HIGH?

WHY DIVORCE RATE IN AUSTRALIA BEEN INCREASING FOR YEARS?

 

Lawyers see a 40% increase Divorce Rate in Australia has been constant for years – but this year it is on the move. Corona divorces have been causing a rush to court since this summer; delays are to be expected. It is no secret to anyone that a considerable percentage of marriages end in divorce Qld. But really, how many marriages end in divorce? Below we publish the rate of divorces according to official data from the last 10 years, and we compare them with other countries.

In our country, in the last decade, the average age at which men marry for the first time has been 35 years, in the case of women, the average age is already 33. Regarding the number of marriages, in Australia, the average for the last decade is about 165,000 marriages a year. Do you want to know how many of them fail? Let’s see why they fail and what percentage of divorces there is in Australia.

According to the latest data published in Australia in 2020, there were 97,960 divorces. Looking at the duration of the marriage, it turns out that there were 240 divorces whose marriage had lasted less than one year. If we expand the time range, there were 1,571 divorces from weddings that had been less than two years old. And if we grow a little more that year, there were 2,782 divorces from couples who had been married for less than 3 years.

Therefore we see that most marriages do not fail in the first years, but naturally, life as a couple can go through difficult times, some factors such as the ones we have mentioned can lead to divorce or love may end.

What percentage of marriages end in divorce?

While the new figures from Statistics Australia  2019 show an around 47% standard for Australia divorce rate, this year it will be exciting: 2020 is already a year of divorce. Summer is an extreme time for a divorce in Brisbane. But this summer we registered an increase in the divorce rate in Australia by another 30 percent.

Social isolation exposed affairs

Estimates that 80 percent of marriages fail because of cheating. “As has been shown, affairs quickly break out during mutual social isolation. Because today a lot of evidence is digital – for example, photos on the cell phone or WhatsApp messages. During the Corona period, some people became careless, practically cheated in front of their partner, and then left their cell phone lying around unlocked.

Definition and Requirements of a Consensual Divorce Brisbane

A divorce does not have to be a reason for the spouses to part ways in a war of roses. If both spouses want a divorce, and there are no disputes on any other divorce-related issue, a consensual divorce is an option. The term of the consensual divorce is no longer anchored in law, but instead describes certain circumstances that can arise in the context of a typical divorce Qld.

In addition to the general requirements for divorce, such as waiting for the year of separation according to the Australian  Civil Code (exception: lightning divorce), the spouses must agree on the consequences of the divorce in the event of mutual divorce.
Also includes:

• The custody and access rights for the children
• The maintenance
• The dissolution of the household effects
• The division of property

The consent must be evident from the application for divorce. The appointed divorce lawyer takes care of this and applies it to the competent court.

Why do divorces occur?

No one said marriage was easy, and many factors can lead to failure. From the outset, it isn’t easy to get it right when choosing a person with whom you are going to share the rest of your life. Then there are the circumstances, for example, if economic, health, family problems, mistreatment, or infidelity arise.

As if all this weren’t enough to shake expectations, having children will be the ultimate stress test. Many people do not accept the fact of taking a back seat, or the sacrifices that parenthood implies, or they feel that their partner has changed and is not the same.

Increasing Divorce Rate In Australia

Costs and Savings in a Friendly Divorce Brisbane

The typical cost of a divorce consists of legal and court costs. The amount of both fees is based on the so-called procedural value, which depends on the income and assets of the spouses. A general figure is therefore not possible. Court costs are only incurred for the consequences of the divorce, about which the court has to act.

Usually, each spouse pays their own lawyer’s costs plus half the court costs. In this case, the 50% sharing of the legal fees should be contractually agreed in advance utilising a cost-sharing agreement between the spouses.

If this is the case, each spouse only pays half of the costs otherwise incurred. If you want to get a divorce from Brisbane, you shouldn’t be afraid of the divorce costs. If the financial means are not sufficient for a divorce Qld, the court and legal expenses will be covered by the state – and the chances of this are good.

Process and Duration of an Amicable Divorce

The process of mutual divorce is no different from regular divorce proceedings:

• After the end of the year of separation, applying for divorce at the court. Only a lawyer is authorised to do so because of the compulsory lawyer.
• Payment of advance court costs for the court to act.
• Service of the application for divorce to the other spouse (respondent) by the court.
• Unless previously excluded: pension adjustment. This happens automatically if the marriage has lasted at least three years. In the case of shorter marriages, the spouses must apply for it to be carried out.
• Divorce date and divorce decision in court, at which both spouses must be present.

With the increasing divorce rate in Australia, the length of the divorce proceedings always depends on how many disputes exist between the parties, and how overloaded the courts are. In contrast to a contentious process, the court does not have to deal with the disputed consequences of the divorce, so that the duration of the proceedings is significantly reduced.

• An amicable divorce without the implementation of the pension adjustment can be completed after approx. 2-3 months.
• If the amicable divorce is carried out with equalisation of benefits, it is more likely to take about 6-12 months.

Pros and Cons of a Friendly Divorce

As stated earlier, a friendly divorce has advantages and disadvantages.

Benefits:

• Cost savings :
  1. Only one lawyer needs to be hired. With a corresponding sharing agreement between the spouses, this results in a reduction in legal fees by half.
  2. There are no court costs for settling the consequences of a divorce if the parties have already agreed on this out of court.

• Time-saving:
  1. The separation period of at least one year instead of three is sufficient to assume that the marriage will break down.
  2. A single court appointment is usually sufficient, as there are no disputes about the consequences of divorce, and there are no corresponding judicial negotiations.

• Disadvantage:
  1. If only one lawyer is hired: Only the partner who has hired the lawyer will be represented by a lawyer. Counseling for both spouses is only possible if the mutual interests of the spouses are balanced, i.e. with the full agreement of the spouses.
  2. The spouse without their lawyer is mainly incapable of acting in court because of the compulsory lawyer.

This risk can always be avoided if each spouse engages his or her lawyer despite the mutual agreement. You then have to bear the full legal fees – but you can be sure that you have received good advice and that fair arrangements have been made. The cost savings in terms of court costs, as well as the accelerated process flow, then remain with the parties where the divorce rate in Australia is increasing. 

Expert Brisbane divorce lawyer

If you are interested in the percentage of divorces in Australia because yours is going through difficult times, our recommendation is to seek advice as soon as possible. In this way, reliable and personalised information is available. In this way, many fears and uncertainties are avoided, you will know what the costs are and the procedures that must be carried out.

Increasing divorce rate Australia Aylward Game Solicitors has offices in Brisbane, Gold Coast, Sunshine Coast, Australia. You have to call 1800 217 217 (Free),07 3236 0001 or send the following email mail@aylwardgame.com.au for divorce in Brisbane. Our expert divorce attorneys will be happy to assess your case and offer you all the advice you need.

Frequently Ask Question 

What is the divorce rate in Australia?

Lawyers see a 40% increase in Divorce Rate in Australia.

Which judge is competent?

In principle, the competent judge is the Family Judge of the place of residence of the family.

Who can sue for divorce?

Only the spouses can act in divorce. The couple’s children or third parties cannot work in a spouse’s place, even if the latter dies during the procedure.

How to legally define divorce, Brisbane?

Divorce is a dissolution of marriage, pronounced by the judge, at the request of the spouses or of one of them, in the cases provided for by law. Divorce is not the nullity, that is to say, the retroactive destruction of the marriage, declared by the judge in the event of failure of a condition of marriage formation. 

Is the assistance of a lawyer compulsory?

Yes, the assistance of a lawyer is compulsory for a divorce.

Article Source: WHY DIVORCE RATE IN AUSTRALIA BEEN INCREASING FOR YEARS?