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Family Law News Separation & Divorce

Related Stories to Separation & Divorce

A brief outline of the divorce process

The legal proceedings will only concern about the separation of the partners. There are distinct branches for taking care of the division of assets and the welfare of children. You need to be aware of such primordial aspects before applying for a divorce.

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Alarming Research Findings on Domestic Violence

A research conducted by the Australian Institute of Criminology revealed that 80% per cent of slain Victorians are four times most likely to be killed by domestic violence or by an acquaintance than by any other causes

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Applying for a divorce checklist

The Divorce is the method wherein the marital relationship is dissolved, the husband and wife are treated as no longer being wed, and each of the get-togethers are free to remarry. It is not compulsory to apply for a Divorce. However the majority of separated companions do take this step.

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Auckland mother spent fortune to keep her child

An Auckland mother who was a former high flying public official who had been raising her child for three years now fears of losing her in a child custody battle initiated by her estranged husband who is a rich foreign retiree. She spent nearly $200, 000.00 fighting the application for guardianship and care of her child for the past three years of litigation.

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Aussie woman says she was duped into marriage

A businesswoman is seeking compensation from her husband who she claims tricked her into marrying him.The Australian business woman says that her former husband had lied about his legal career as a prominent lawyer, had been married twice before and had children.

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Australia has a no fault divorce jurisdiction

Australia has a no-fault jurisdiction. Although affairs may spark strong emotional responses as demonstrated by the comments posted on this article, the law in Australia is that that who had the affair and who was cheated on simply does not factor into the equation.

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Basic procedures in applying for a divorce

The interested party or parties need to file an Application for Divorce with the court and pay the corresponding fees. Upon application, a party may be eligible for reduced fees but both parties must qualify for the reduced fees. Otherwise, full fees apply. Applications may also be filed electronically through the Commonwealth Courts Portal.

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Basic steps to getting a divorce in Australia

To apply for a divorce, you must complete an Application for Divorce and file it with the Court and pay the application fee. You may be eligible to a reduced fee.

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Before you leave the family home

We sometimes leave relationships and the family home because we have to, because we have no choice. This decision is never made lightly and is often fraught with fear, urgency and some panic. Before you leave for good, there are some extra things you will need to gather up before leaving: financial records.

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Common client mistakes when going through a divorce

A lot of mistakes are committed during divorce. These mistakes may pertain to emotions, finances and objectives. Naturally, a person undergoing divorce would be emotional. However, it is important to remember that mistakes committed during divorce might have far reaching and serious consequences

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Contemplating the financial issues after divorce

Getting divorced means making some big changes to your life.You will now have to raise your children alone for the most part, you may have to relocate homes and schools and your role in your family’s finances will shift as you now have to make all the financial decisions alone. Much of this can be daunting and the secret is to keep a cool head and work through this systematically.

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Coping financially as a single mother

While divorce places financial strain upon both the man and woman in a relationship, it more often than not affects the woman more. Traditionally, men earn more income than women do and in most cases, children end up living with mom. This has the potential to place an extra financial strain on the woman in the divorce.

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Dating after divorce? Keep the bad baggage out

Millions of people around the world have gotten divorced and gone onto to live happy lives.You can expect to go through the 5 stages of grief namely, denial, anger, bargaining, depression and acceptance. How soon this happens is up to you. People react to the trauma of divorce in different ways and the key is to make sure you get this transitionary phase in one piece

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Dating the grinch?

It’s really easy to sell yourself short after getting divorced. We women are wired emotionally often assume the blame when things go wrong in our lives. We are also extremely adept at settling for less than the best simply to get some much-needed attention.

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de facto relationships law

some people only discover that they were actually in a de facto relationship when the relationship breaks down and the other party insists on a property adjustment order!

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De Facto splits on a par with divorce

People separating from de facto relationships - including same sex partners - will be treated the same way by the court system as legally married couples getting divorced, under new laws to be finalised in Parliament this week.

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Dealing with anxiety and divorce

No matter how badly you want to get divorced, you will experience some anxiety once all is said and done. Even a rocky marriage offers some degree of stability and all of that goes once you and your hubby part ways.

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Divorce - making many changes in the way you live

Getting divorced means making many changes in the way you live. You may have children to consider; at least one of you will have to relocate, and then there is the extremely important topic of money to discuss. While you were married, it might have been easy to agree on the finances, but once you are divorced, all bets are off.

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Divorce after fifty

Getting divorced after 50 might not have been part of your plan.Maybe you think that if your marriage made it to here, it should be able to make it till “death do us part”. The truth, however, is that divorce over 50 is on the increase. It even has a name: Gray Divorce.

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Divorce and the future

In a childless marriage (and divorce) there is no need for either party to stay in contact with each other; however, this is not so when there are children involved. Your status changes from married spouses to co-parents and that can be tough if there is still baggage between the two of you.

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Divorce or Annulment: Knowing the Right Choice

Annulment and divorce are two legal ways to end a marriage. In a divorce, couples are validly married. What they want to achieve is to dissolve the bond of marriage on the ground that they could no longer retrieve their married life.

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Divorce Questions and answers

Divorce Questions and answers. When can I apply?You have to be separated for 12 months or more before you can apply for a divorce.

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Divorce: should you litigate or settle?

Divorce is one of the most traumatic events that a person could endure. If you have decided to divorce, it’s in your best interests to do it as quickly and cleanly as possible. The good news is that a huge percentage of divorces do not reach the trial stage as they are settled out of court.

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Establish a date to separate for the purpose of divorce

The date of separation is very important in a client’s family law matter, particularly in property settlements. Have you kept a written record of the date of separation? Have you communicated clearly to your estranged spouse/de facto partner that you are separated?

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Evaluating your lawyer

Your lawyer should be your best friend (legally speaking) during the duration of the divorce proceedings. In most cases, your lawyer will look after your best interests and you need to trust him/her or her to do so. In the odd exception that he or she does not stick to the game plan, you need to correct any deviation from strategy immediately.

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Failed marriage and divorce

To marry someone you love is the most beautiful feeling of this world. As they say, “A happy marriage has in it all the pleasures of friendships, all the enjoyment of sense and reason - and indeed all the sweets of life.” Yet, we have to deal with the stigma of divorce when things don’t seem to work out between couples.

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Family Law Act introduced the concept of family dispute resolution

The Family Law Act provides a process for the resolution of controversies about the time children will spend with parents and also other important people in their lives.At the end of the family dispute resolution process, this specialist will issue what is known a Section 60I Certificate.

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Father opposed sharing the cost of a private school

Most of the time, divorced or separated parents agree that their children should attend a public or private school. In some cases, one parent might want to send the child to private school while the other is satisfied with public school.

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Fathers prone to suicide in dealing with post-Divorce proceedings

The events following a separation de facto or divorce can be difficult and challenging. Couples and children do not only undergo the financial cost but also experience struggles in coping up with the emotional stress caused by such instances.

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Financial Effects of Divorce to Parents

Parents, after winning divorce trials usually struggle from decreased assets as a result of divorce expenses. The Australia Institution of Family found that women experience more issues in restoring economic assets than men

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Forced marriages in Australia

Forced marriage is not limited to particular cultural or religious groups. It is a form of gender-based violence that happens all over the world. Anyone can be a victim of forced marriage, regardless of ethnicity, age, gender or sexual orientation.

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Getting over a relationship breakup

Getting over the pain of a breakup can be one of the hardest things to do, especially if you really loved the guy. Thankfully, there are coping mechanisms that you can use to heal yourself from this hurt. Dealing with your breakup will equip you better for your next relationship.

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Givers and takers when a marriage breakdown

Comparing all the divorce stories I have heard, I’ve come to the conclusion that neither one is worst than the other. I don’t believe it’s a matter of gender but rather of personality. I have seen marriages where the most amazing man marries the most selfish, self-absorbed woman and vice versa; where the most caring, loving woman marries the most heartless and vulgar man.

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Grounds on which marriages are void

A divorce is the ending of a valid marriage. There is only one ground, irretrievable breakdown, and this can only be proved by 12 months separation. A decree of nullity is a finding that the marriage was void, that there never was a valid marriage

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Helping a child deal with his parents separation

There could be no other painless way to go about it. A parent would just have to tell his children as gently and honestly as he possibly could.

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How can the end of the marriage be proven?

The Act does not explicitly state what are the characteristics for establishing separation, but rather the conclusion of the union will be proven if there has been a change in the overall character of the relationship, rather than any examples of fighting or adultery.

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How do get a divorce | divorce process

In the finality of the divorce, the Court must be satisfied that there are proper and legal arrangements for the welfare of the children. It is mandatory for the parents to attend court for the divorce if there are children who will be affected. However, if there no children under 18 years of age, the parties may be allowed not to attend court hearings.

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How long will it take for a divorce?

The divorce process is faster with “no-fault” divorce. A divorce becomes final one month and one day from the divorce order. There is really no way to specifically determine how long a divorce will take. It is up to the court to schedule the date for a hearing which of course will depend on the court dockets

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How men deal with divorce

Even though you might have wanted the divorce, you are still likely to experience emotional upheaval. It’s usually much worse if you did not want the divorce and you’re still longing for your wife. As a man, you are expected to take it on the chin and act all strong and brave.

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How to cope financially after a divorce

Getting through the first few months post-divorce can be quite tricky. Here are few tips that will help you weather the storm until you are in a position to get by financially. There's no doubt that you will have to make some adjustments after getting divorced.

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How to cope with the agony of divorce

I was relieved that all the bad stuff was over, but soon made the shocking discovery that I still miss the good parts of the relationship that we once shared.I was relieved that all the bad stuff was over, but soon made the shocking discovery that I still miss the good parts of the relationship that we once shared. I was wracked with guilt and emotional distress and for a long time, it held me back from carving a new single life for myself.

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How to get a divorce in Australia

Divorce is the process of dissolving a marriage. The husband and wife are no longer bound by the ties of marriage, making them free to remarry. For purposes of remarriage it is essential to get a divorce.

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How to live together when you're planning a divorce

Many couples who are planning a divorce have to endure a period of time when they still share the same home. This uncomfortable and uncertain period could last from as little as a few days to several months.

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How to protect children in a divorce?

The pain in the break-up is indescribable. The effects on children are beyond explanation. The effects on children are different from one child to the other. However, there is no argument that in most cases the effect on the child is traumatic. Besides, the economic well-being of the child is also affected.

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How to save your family business in a divorce?

In so many hilarious divorce stories throughout Australia, it all started with the anger of an aggrieved spouse. Most often, the spouse who refuses to have a divorce wants to get even. The best possible way to get even is through money.

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How women deal with separation

The first step is to acknowledge that you are divorced and that you have to move on. The relationship did not work and there is a better life out there for you, be it alone or with another partner. Many women have gotten divorced and have gone on to life healthy, productive and fulfilling lives.

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International marriages and divorce

For parties who were married outside of Australia and are now living here, or where only one party now lives in Australia, the Court may, in certain circumstances grant a divorce. To apply to for a divorce, at least one party to the marriage must be an Australian citizen and reside in Australia.

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Is it selfish to want a divorce?

After 20 years, I have come to the realization that my marriage is over. This is not because I no longer love my wife, but simply because this particular journey has run its course. Making this decision comes with a lot of questions and anguish as it is hard to end 2 decades of marriage and I am concerned about what the divorce will do to my wife and children.

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Is there life after divorce for women?

Getting divorced has toughened me up and boosted my self-confidence incredibly.Having been divorced for the past 18 months has taught me a lot of lessons, freed me up and given me a sense of exhilaration second to none. There is good news on the horizon for any woman who is contemplating going it alone with her children.

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Issues after a separation

There are many issues surrounding the separation of a couple whether married or in a de facto relationship. Aside from their emotions, couples have to think about the children and properties. Who will keep the children? Who will keep the house? How about the car?

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Maintaining good health while getting divorced

Getting divorced is more stressful than most people may realize. Even if you have initiated the divorce proceedings, you are still going to go through some major adjustments and this can play havoc with your health and immune system. Stress plays a huge role in weakening your immune system so you need to take steps to prevent getting sick emotionally or physically.

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Marriage certificate not in English

A marriage certificate is an official proof that two people have undertaken a marriage ceremony. In many countries, this document serves a dual purpose of granting permission for a marriage to take place and then recording the fact that it has indeed done so.

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Married at first sight

Is it legal to marry a stranger? Are arranged marriages allowed by Australian law, or how long are you supposed to know someone before you can commit to "ever after"?

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Money matters in marriage and in divorce

It’s funny how money can be the single kiss of death that breaks a marriage or a relationship down. It’s even more ironic that money can make for an acrimonious divorce or separation. In marriage, in a relationship, as well as in a divorce or a separation, money matters.

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Picking up the pieces of your life after divorce

Regardless of why and how you separated from your ex, it is important you realize that you can move past all the pain and anxiety. Yes, break-ups are emotionally traumatizing but you cannot allow a past relationship to take hold of and control your entire life. Realize that you deserve better and just have not been able to find your soul mate yet.

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Post Divorce check list

Ending a marriage that has lasted long enough for two individuals to combine their hopes, dreams, money and finances can be tough to get over. No one gets married with a divorce included as part of the plan. Even though marriage is intended to last a lifetime, divorce can be the only option when the situation cannot be resolved without physical and emotional separation.

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Post divorces sex rocks!

We loved each other like friends, however, the spark in our marriage and sex life was gone. After 15 years of marriage, my sex life took the word ‘routine’ to new heights. We did it once a week, at the same time and in the same place.I was trying to accommodate my hubby and he simply did not wish to reject me any more than he had already done.

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Post-divorce finances

Once your divorce is finalized, it is time to begin laying the groundwork for your future.Finances are an important part of becoming self-sufficient and nurturing the new you. Here is a checklist of items that are important to cover when ensuring your finances are headed in the right direction.

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Post-divorce tips for dads

So, you only get your kids over the weekend but that doesn’t mean you cannot have a strong relationship with them. A common mistake post-divorce dads’ make is focusing on their breakup instead of their kids.

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Proof of application for a divorce cecree

Under the Australian Law, couples who want to obtain divorce do not have to state the reasons that brought them into a major quarrel. In order for a divorce decree to be granted, the court only needs a proof of ‘irretrievable breakdown of the marriage’.

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Real effect of divorce on the children

A survey (by parenting website Netmums, polled about 1,000 divorced parents and 100 children aged eight to 18 from broken homes)shows that around three-quarters of divorced parents are inclined to believe that their children were able to cope up well with their separation.

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Recovering from divorce

Recovering from a divorce is long, hard and lonely road - ask me, I know… Yes, all your friends and family will tell you that they are there for you, but ultimately, you are on your own. The tough side to recovering from a divorce is that everyone who knows you is watching you see how you handle it.

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Recuperating after divorce

Divorce is a stress just like any other stress and must be managed in the same way. You need to find ways to deal with your emotions and to deflect your feelings so that you can get on with your life. Here are some tips that can help you to recover from your divorce.

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Reducing the pain of a divorce

The statistics are creeping up to 50% of marriages ending in divorce, so divorce is becoming a reality for a lot of people.

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Responsibilities of divorced parents

Children of divorced parents fantasize that their parents will get back together and things will get back to what they used to be. This is one of the effects of divorce when children have a difficult time accepting that their parents are separating. It is a form of denial when they indulge in such fantasies.

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Retaining your sanity during separation

Separating from your loved one can take its toll on your physical, emotional and spiritual well-being.However, it is time you realize there are much greater things in life to look forward to and your ex was probably not the ‘one’.

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Second Marriages and Prenuptial Agreements

A prenuptial agreement is a tool that can minimize the financial harm caused by a second divorce After a first marriage ends in divorce, many people are wary about marrying again and exposing themselves to additional financial pain. That is particularly true when a first divorce caused a financial setback. Nobody wants to recover from a second setback following a second divorce.

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Secret affair deemed irrelevant to allow divorce

Having a secret affair is one of the common reasons why couples are caught up in a huge argument leading to the breakdown of the marriage. Such situation normally creates severe emotional upset causing the offended party to file for a divorce and end the marriage bond with the guilty party.

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Separating From a Spouse or De Facto Partner in Australia

When a marriage or de facto relationship breaks down, one or both members of the relationship must decide when to separate. Planning in advance is not always possible, particularly when the separation is necessary to avoid violence.

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Separation for married or de facto couples

The date of the formal, legal separation may be important in many matters. It will, for instance, determine when a person can file for divorce, when child support becomes payable, when new Centrelink benefits become payable and how the court will calculate the property settlement.

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Seven Separation Mistakes

If you are thinking of separating or are in the process of separating, you will know that it is a difficult time of your life. You have so many questions and so many decisions to make. Most people are not familiar with the legal process of separation, and many friends will offer advice.

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Should your name back after divorce?

Changing your name is a matter of personal preference and does warrant serious consideration. First off, its okay to change your name or leave it as it is.

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Spouses believe that they can't afford to divorce

Many spouses believe that they can't afford to leave an unhappy marriage. In Canberra, the divorce capital of Australia, some are finding that certain government superannuation schemes make separation a more practical proposition.

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Staying in the Marital Home after Divorce

Where should women with dependent children live after their divorce? Some women want to buy out their husband’s interest in the family home so the children don’t need to move. Other mothers prefer to rent or to use funds from the divorce settlement to buy a house of their own.

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The decision to get divorced

Many unhappily married couples are not willing to be emotionally true to themselves and face the fact that divorce is the right choice for them.

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The long road to divorce

Deciding to divorce my ex-husband was no easy decision. In fact, it was the hardest thing I've ever had to do, and that's why it took me years of make the decision. We went to marital counselling and individual counselling.I did everything in my power to become the person I thought he wanted me to be.

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The mistakes people make during divorce

Divorce is tough because it pulls your security rug out from under you. Life as you know it, will never be the same again. It's only natural to feel disoriented and insecure, and you may: lose perspective, indecisive.While these feelings are reasonable, you should guard against acting on it. Impulsive decisions can have unpleasant consequences.

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Three things to do to thrive after divorce

Nothing in life, not even marriage, is permanent. People who’ve experienced a sudden separation know that better than most. Divorce can come into someone’s life with the suddenness of a landslide or the slowly rising waters of a flood.

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Time to divorce?

One should not take the decision about whether to divorce or not lightly. This is especially true if there are children involved. Stability in the home is of utmost importance when it comes to children so think carefully whether you and your children should stay in an unhappy marriage, or whether you should take them and leave.

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Top reasons people divorce

There can be many different factors that might cause a person to divorce a spouse, but the most frequently cited reasons are usually related to communication problems that create distance between the parties and result in a lack of intimacy.

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Understanding Family Separations

The ending of a de facto relationship or a marriage is both legally and commonly called separation. Under Australia's Family Law, proving that a separation took place becomes vitally important in the dividing of assets.

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Validity of divorce decree obtained from another Country

In an instant wherein either party is not an Australian citizen and obtained a divorce in another country, the other party who is an Australian citizen do not need to file for another divorce application under the Australian Law. The law provides that if the divorce granted by the law of an overseas jurisdiction is valid, it shall also be considered as valid in Australia.

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Vehement Husband Gives All His Cash Away

In the property settlement, the malicious manoeuvrings of the husband will most likely be taken against him by the court.The wife can apply for property settlement for any remaining assets. An Injunction can be sought to protect party and property to a marriage.

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What are the causes of divorce in Australia?

In Australia 38% of all marriages end up in divorce, while countless more relationships just fall by the wayside. This raises the question: what are the causes of divorce

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What divorce really feels Like

What does it feel like to be shot? What does a heart attack feel like? What does it feel like to have your insides dragged along, on the outside? That's how divorce feels.

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What should you take when you separate?

The partner who decides to move out often does so in a rush.Taking property of sentimental value and making copies of financial records can avoid problems in a divorce when it is time to divide the property pool

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When does a divorce becomes final?

At the divorce hearing, the Registrar, if satisfied of all relevant issues will grant a "decree nisi" which becomes absolute in one month and one day from the date the decree nisi is granted. This timeframe may be shortened only in special circumstances.

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Who are the Victims of 'No-Fault' Divorce?

The no-fault divorce legislation that became law in 1975 is still in force today. It was aimed at allowing spouses who were deeply unhappy to file for divorce and escape from a marriage that they resented. It was passed because the time was right to give marriage partners a say in their marriage if it was no longer benefiting those involved.

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Why Second and Third Marriages Fail

The percentage of failed second and third marriages is extremely high. Find out why it is so difficult to make a success of your marriage.

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Will divorce send you broke?

If you get divorced, you give your spouse half. According to an ongoing study conducted in the US, the old adage “if you get divorced, you give your spouse half” is actually wishful thinking. The true figure according to a study by research scientist is more like three quarters.

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Winning versus Losing in a family law dispute

The cost of winning in a family law dispute might sometimes not be worth the potential damage and harm suffered in the process of winning. Pursuing small differences over long periods of haggling may be a waste of emotional and relationship resources, as well as money. Ask yourself – is it worth it?

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Your child is your #1 priority after divorce by Alan Weiss , Aussie Divorce

Divorce affects all parties concerned in different ways.Spouses may blame each other or themselves for the divorce and this comes with a whole set of emotional upheaval. The problem is that this can flow over to your child and that can be extremely dangerous to his or her wellbeing.

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