My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
You may be going through the unfortunate circumstances associated with separation. You may understand that your marriage has broken down and consider this to be irretrievable. You may be starting to think of formalising the end of your marriage, but what do you need to prove in order to proceed with this and will all of your private details be made public?
How Divorce Once Was
At one time one of the parties applying for a divorce had to prove that the other party was at fault in some way in order for the courts to make a judgement. A certain amount of evidence was needed in order to prove that the other party was at fault and the outcome of that discussion would have a bearing on how property was divided as well.
Much of that difficulty has now been eliminated through the 'no fault' divorce laws.
What a No-Fault Divorce Means
What you need to do when applying for a divorce in this way is to show that the marriage has been broken down irretrievably. Typically this means that the parties have been living apart from each other for a period of at least a year. This doesn't mean that you need to live in a separate property, as you can still live under the same roof but be separated. Even the co-mingling of funds in order to pay for housing or utilities does not indicate that the couple is necessarily still 'as one'.
How to Apply
It's possible for you as an individual to apply for a divorce without the other party. It's far more commonplace for both parties to jointly apply to the divorce court.
Will All the Details Be Public?
Divorce proceedings these days are also very private, as it is very rare for a court to decree that the information given should be made part of the public record. Much of the sensitive information that used to be front and centre in the divorce court of old is now hidden from public view.
What About Property?
As 'no fault' is recorded when divorce proceedings go ahead, this does not have any bearing on how property is settled. However, decisions must be made about property settlement within a year after the date of the divorce. The onus is also on one of the parties to ensure that the other party is maintained fairly after the divorce should they be unable to support themselves otherwise.
Children are Key
One very important consideration is in relation to the welfare and ongoing care of any children the couple may have. Courts will not proceed with a divorce decree until they are sure that the children have been adequately considered.
A family law lawyer is best placed to give you the proper legal advice in specific relation to your case, as there are a number of tasks that have to be undertaken as part of the procedure.Share
25 October 2016