The Burra-Robinson Family Lawyers (https://www.brfamilylaw.com.au/) in Perth, WA. offers experienced legal representation to help separating couples steer divorce proceedings. Oftentimes, the complexity of divorce cases in Australia are related to the division of assets pooled during marriage, especially if there is no Binding Financial Agreement (BFA) that gives clarity to financial matters.

When a couple finally decides to separate legally, it’s but natural for both spouses to think of their individual financial interests for practical purposes.

Let us say one of the spouses engages in money trading, specifically foreign exchange buying and selling. While this spouse may contend that he or she has been engaged in forex trading since singlehood, continuing to do so during marriage is a different story altogether.

The knowledge and expertise of experienced family lawyers therefore become a necessity, since there is complexity involved in the division of assets related to the forex trading activities of one of the spouses.

Australia’s FLA Wants Divorcing Couple to First Undergo Trial Separation

Inasmuch as the yearly divorce rate in Australia has been increasing, the country’s Family Law Act (FLA) 1975 wants couples to not go directly to a court and file for a divorce. The FLA wants them to enter into a trial separation period for at least 12 months and show proof of having done so.

Well, if absence makes the heart grow fonder during the separation period, the couple might reconsider and not pursue divorce at all. That way, they can save themselves the trouble of going through a costly and painful divorce.

However, if it turns out that the spouses have mutually lost affection for each other and do not entertain the possibility of cohabiting again, then an Australian Family Court will not interfere in their decision to separate. At that point, they can take the necessary legal actions to arrive at a binding agreement on how they will divide the marriage estate between themselves.

Australia’s No-Fault Divorce System

Since the implementation of the FLA in 1975, the country adopted a no-fault divorce system. The said system does not require the establishment of who is at fault in the breakdown of a legal or de facto union.

What is important is to ensure and secure the safety and well being of the children in the present and for the future. Moreover, in all decisions pertaining to marital asset division and child custodianship, the Family Court will see to it that there is fair and equitable division of assets and recognition of parental rights and privileges related to the custodianship of a couple’s child or
children.

Under normal circumstances and when there is no violence or abuse complicating the family relationship, the Australian Family Court does not recognise gender distinction in determining who gets custodianship of a child or children.