If you’re going through difficult issues, know that our family lawyers at Phoenix Law are here for you and you are not alone. Please contact us to discuss your matter with a person who understands both families and family law.

Mediation serves as a highly effective tool in resolving family law disputes, offering numerous benefits to parties involved in contentious matters such as divorce, child custody, and property division. Here are several reasons why mediation is widely regarded as a valuable resource in family law:

  1. Promotes Communication and Cooperation: Mediation provides a structured environment for parties to communicate openly and constructively with each other under the guidance of a neutral mediator. It encourages dialogue, fosters mutual understanding, and promotes cooperation, which can be particularly beneficial in resolving emotionally charged issues.
  2. Empowers Parties to Make Decisions: Unlike litigation, where decisions are made by a judge, mediation empowers parties to actively participate in crafting solutions that meet their unique needs and interests. By having a say in the outcome, parties are more likely to feel satisfied with the resolution and more invested in complying with any agreements reached.
  3. Confidential and Private Process: Mediation proceedings are confidential and private, providing a safe space for parties to discuss sensitive matters without fear of public scrutiny. This confidentiality encourages parties to be more candid and forthcoming, which can lead to more meaningful and productive discussions.
  4. Cost-Effective Alternative to Litigation: Compared to protracted court battles, mediation is often a more cost-effective option for resolving family disputes. It typically requires fewer formal proceedings, reduces legal fees, and minimizes court-related expenses, making it a more accessible option for parties with limited financial resources.
  5. Faster Resolution of Disputes: Mediation can lead to quicker resolution of disputes compared to litigation, which can drag on for months or even years. By streamlining the negotiation process and focusing on reaching mutually acceptable solutions, mediation helps parties resolve their issues in a timelier manner, allowing them to move forward with their lives sooner.
  6. Preserves Relationships: One of the most significant advantages of mediation is its ability to preserve relationships, particularly in family law matters where ongoing communication and cooperation may be necessary, such as co-parenting arrangements. By facilitating respectful and amicable interactions, mediation helps parties maintain healthier relationships, which can be especially beneficial for children involved in the dispute.
  7. Customized Solutions: Mediation allows parties to tailor solutions to their specific needs and circumstances, rather than relying on one-size-fits-all court rulings. This flexibility enables parties to explore creative solutions that may not be available through litigation, leading to outcomes that better reflect their individual priorities and preferences.

Mediation is a valuable tool in family law disputes, offering a collaborative, cost-effective, and efficient alternative to traditional litigation. By promoting communication, empowering parties, and facilitating mutually beneficial agreements, mediation helps families navigate difficult transitions with greater ease and dignity.

Phoenix Law & Associates speak many languages fluently. Call 1800GETHELP. Level 8, 300 Adelaide St, Brisbane

Japan joined the Hague Convention in 2014. Since then, it has worked to handle international child abduction cases according to the Convention’s rules. The Japanese Central Authority helps parents through the process of applying for their child’s return and provides support during legal proceedings.

Challenges

Even though the Hague Convention is helpful, there are challenges:

1. Enforcement Sometimes, countries struggle to enforce the Convention’s rules, especially if local laws differ.

2. Long Legal Battles Court cases can take a long time, causing stress for children and parents.

3. Emotional Impact Returning a child to their home country can be difficult emotionally, especially if they have settled in the new country.

4. Non-Signatory Countries The Convention only applies to countries that have agreed to it. Cases involving countries that haven’t joined can be much harder to resolve.

Notable Cases in Japan

One example involves a Japanese mother who took her children to Japan from the U.S. without the father’s permission. Under the Hague Convention, the father applied for their return. The Japanese court decided in favor of returning the children to the U.S., showing Japan’s commitment to the Convention.

Conclusion

The Hague Convention on the Civil Aspects of International Child Abduction is essential for dealing with international child abduction cases. By providing a process for the quick return of children and respecting custody decisions, the Convention helps protect children’s welfare. Japan’s participation in the Convention shows its dedication to resolving these difficult cases and supporting affected families.

International child abduction is a heart-wrenching issue affecting countless families worldwide. In an increasingly interconnected world, it has become imperative to address cross-border disputes involving the wrongful removal or retention of children.

The Hague Convention on the Civil Aspects of International Child Abduction, often referred to simply as the Hague Convention, plays a crucial role in these cases, providing a legal framework for the prompt return of abducted children to their country of habitual residence.

The Hague Convention: An Overview

The Hague Convention was concluded on October 25, 1980, under the auspices of the Hague Conference on Private International Law. The primary aim of the Convention is to protect children from the harmful effects of international abduction by a parent or guardian and to secure their prompt return to their country of habitual residence. As of 2023, over 100 countries are parties to the Convention, demonstrating its global acceptance and importance.

Objectives of the Hague Convention

  1. Prompt Return of the Child: The Convention seeks to ensure the swift return of abducted children to their habitual residence, thereby restoring the status quo before the abduction occurred.
  2. Protecting Custody Rights: By providing a legal mechanism for the return of abducted children, the Convention reinforces respect for custody arrangements and parental rights as determined by the child’s habitual residence.
  3. Preventing Forum Shopping: The Convention aims to prevent parents from seeking a more favorable legal jurisdiction by wrongfully removing or retaining their child in another country.

Mechanisms and Procedures

The Hague Convention sets forth a clear procedure for the return of an abducted child:

  1. Central Authorities: Each signatory country must designate a Central Authority to handle applications under the Convention. The Central Authority assists in locating the child, facilitating voluntary returns, and providing legal assistance.
  2. Application Process: A parent or guardian seeking the return of an abducted child can submit an application to the Central Authority of either the child’s habitual residence or the country where the child has been taken.
  3. Judicial Proceedings: If voluntary return is not possible, the case is brought before the judiciary in the country where the child is located. The court must determine whether the child was wrongfully removed or retained and whether any exceptions to the return apply.
  4. Exceptions to Return: The Convention provides specific grounds on which a court may refuse to order the return of a child, including the risk of physical or psychological harm to the child, the child’s objections if they are of sufficient age and maturity, and if the return would violate fundamental principles relating to the protection of human rights and fundamental freedoms.

Challenges and Criticisms

While the Hague Convention has been instrumental in addressing international child abduction, it is not without challenges:

  1. Compliance and Enforcement: Ensuring compliance with the Convention’s provisions can be difficult, particularly in countries with less developed legal systems or where the Convention’s principles conflict with local laws and customs.
  2. Prolonged Legal Battles: In some cases, legal proceedings under the Convention can become protracted, leading to extended periods of uncertainty and distress for both the child and the parents involved.
  3. Psychological Impact: The process of returning a child to their habitual residence can be traumatic, especially if the child has developed significant ties in the new country.
  4. Non-Signatory Countries: The Convention’s effectiveness is limited to signatory countries. Cases involving non-signatory countries can be more complex and harder to resolve.

Notable Cases

Several high-profile cases have highlighted the complexities and emotional toll of international child abduction:

  1. Elian Gonzalez Case: Although not directly under the Hague Convention, the Elian Gonzalez case in 2000 drew international attention. Elian, a Cuban boy, was found in Florida after his mother drowned during their attempt to reach the United States. A custody battle ensued between his relatives in Miami and his father in Cuba, culminating in Elian’s return to Cuba.
  2. David Goldman Case: In 2009, David Goldman was reunited with his son Sean after a five-year legal battle. Sean was taken to Brazil by his mother, who subsequently passed away. The case highlighted the challenges of navigating international legal systems and the importance of the Hague Convention. Conclusion

The Hague Convention on the Civil Aspects of International Child Abduction remains a vital tool in addressing the complexities of international child abduction. By providing a legal framework for the prompt return of abducted children and reinforcing respect for custody arrangements, the Convention seeks to mitigate the devastating impact of child abduction on families. However, ongoing efforts to improve compliance, address legal challenges, and support affected families are essential to ensure the Convention’s continued effectiveness and humanitarian impact.

Phoenix Law & Associates are specialists in family and migration law, and can help you at a distressing time. Phoenix Law & Associates speak many languages fluently. Call 1800GETHELP. Level 16, 300 Adelaide St, Brisbane #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish #migrationlaw #HagueConvention

The Hague Convention is in force between Australia and the following countries:
• Albania
• Argentina
• Armenia
• Austria
• Bahamas
• Belarus
• Belgium
• Belize
• Bosnia and Herzegovina
• Brazil
• Bulgaria
• Burkina Faso
• Canada
• Chile
• Colombia
• Costa Rica
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia
• Fiji
• Finland
• France
• Georgia
• Germany
• Greece
• Guatemala
• Honduras
• Hong Kong (China)
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Japan
• Latvia
• Lithuania
• Luxembourg
• Macau (China)
• Malta
• Mauritius
• Mexico
• Moldova, Republic of
• Monaco
• Montenegro
• Netherlands
• New Zealand
• Nicaragua
• Norway
• Panama
• Paraguay
• Peru
• Poland
• Portugal
• Republic of Korea (from 1 June 2015)
• Romania
• Saint Kitts and Nevis
• San Marino
• Serbia
• Singapore
• Slovakia
• Slovenia
• South Africa
• Spain
• Sri Lanka
• Sweden
• Switzerland
• Thailand
• The Former Yugoslav Republic of Macedonia (FYROM)
• Trinidad and Tobago
• Turkey
• Turkmenistan
• Ukraine
• United Kingdom
• United States of America
• Uruguay
• Uzbekistan
• Venezuela
• Zimbabwe.

重要なお知らせ：2024年7月1日からビザ条件8107、8607、および8608に変更が適用されます！

オーストラリア政府は、特定のビザを保有している労働者の権利と生産性を向上させるために、ビザ条件8107、8607、および8608に重要な変更を加えます。以下は、2024年7月1日から適用される主要な更新情報です。

施工開始日:　2024年7月1日**

対象ビザ

  • 一時就労（技能）ビザ（サブクラス457）
  • 一時技能不足ビザ（サブクラス482）
  • 技能雇用主スポンサー地方（暫定）ビザ（サブクラス494）

主な変更点

就職移行期間の延長:
スポンサーとなる雇用主との雇用が終了したビザ保持者は、新しい雇用主を見つけるか、他のビザを申請するか、オーストラリアを出国するための手配をするための期間が延長されます。具体的には、

  • 一度に最長180日間、または
  • ビザの有効期間内で最大365日間

柔軟な就労:
移行期間中、ビザ保持者はスポンサー以外の他の雇用主のために働くことができ、関連するノミネーション申請における職種として選択されていない職業でも働くことができます。この変更により、ビザ保持者は新しいスポンサーやビザの手配をする間も雇用を維持するための柔軟性が提供されます。

スポンサーの通知:
スポンサーは、ビザ保持者の辞職やスポンサーシップの終了など、重要な変更があった場合、28日以内に当局に通知する必要があります。これにより、当局はビザ保持者の現在の雇用状況を常に把握することができます。

職業の一貫性:
ビザ保持者は、現在のスポンサーの下で働く間、指定された職種に留まらなければなりません。また、職種に関連する必要なライセンスや登録を守る必要があります。これにより、ビザ保持者がその分野の仕事で必要とされる専門的な技術基準を維持することが保証されます。

適用範囲:
これらの変更は、既存のビザ保持者と2024年7月1日以降にビザを取得する人の両方に適用されます。特に、2024年7月1日以前にスポンサーとの雇用を終了した期間は、新しい期間には含まれません。

これらの更新は、現在のオーストラリアの労働市場（労働力不足）を反映し、しかも特定のビザ保有者のビザ条件における重要な変化を意味し、ビザ保持者に対してより多くの柔軟性と安全性を提供する一方で、スポンサーがその義務を果たすことを確保することとなります。ご自身のビザがこの変更条件の適用範囲内であるかどうか等、ビザに関するご質問は当所まで。

Important Update: Changes to Visa Conditions 8107, 8607, and 8608 Starting 1 July 2024

The Australian Government has implemented significant changes to visa conditions 8107, 8607, and 8608, aimed at enhancing worker rights and productivity. Here’s an overview of the key updates that took effect from 1 July 2024:

Effective Date:
1 July 2024

Impacted Visas:

Temporary Work (Skilled) visa (subclass 457)

Temporary Skill Shortage visa (subclass 482)

Skilled Employer Sponsored Regional (provisional) visa (subclass 494) Key Changes:

Extended Time for Job Transition:
Visa holders who cease employment with their sponsoring employer now have increased flexibility to secure new employment or make alternative arrangements. They will have:

  • Up to 180 days at a time, or
  • A maximum of 365 days in total across the visa grant period

During this time, they can find a new sponsor, apply for a different visa, or arrange to depart Australia.

Work Flexibility:
During the transition period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination. This change provides greater flexibility for visa holders to maintain employment while they secure a new sponsorship or visa arrangement.

Sponsor Notification:
Sponsors must inform the Department of any significant changes within 28 days. This includes situations where a visa holder resigns or when the sponsorship arrangement ceases. This ensures the Department is kept up-to-date with the current employment status of the visa holder.

Occupational Consistency:
Visa holders must remain in their nominated occupation while working for their current sponsor. They must also adhere to any required licenses or registrations relevant to their occupation. This requirement ensures that visa holders maintain the professional standards expected in their field.

Applicability:
These changes apply to both existing visa holders and those granted visas on or after 1 July 2024. Importantly, any periods during which a visa holder ceased working for their sponsor before 1 July 2024 will not count towards the new time periods.

Conclusion:
These updates represent a significant shift in visa conditions, providing greater flexibility and security for visa holders while ensuring sponsors meet their obligations. The extended time for job transition and increased work flexibility will likely be welcomed by many visa holders, offering them more time and options to secure their future in Australia.

It’s not always easy to gain an Australian Visa, so you do need expert advice – if there is a way we will find it. Phoenix Law & Associates speak Japanese fluently – and many other languages. Call 1800GETHELP. Level 8 , 300 Adelaide St, Brisbane #homeconveyancing #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish #immigration

Two heavyweight Asian Baseball teams delighted Brisbane baseball players and fans at Carina last Saturday. They enjoyed the display of outstanding skills and great sportsmanship, as Brisbane Samurai Japan defeated the Taiwan National Travelling Team 12-3 .

A huge crowd and many VIPs including Mr William Fan gathered at Carina Leagues Redsox Baseball Field.

We welcomed these distinguished guests ;
William FAN, the Director general of the Taipei Economic and Cultural Office Brisbane,
Charles OU YANG, the Director of Queensland Taiwan Centre,
Phyllis LO, Commissioner, Overseas Community Affairs Council, Taiwan
Anita HUANG, the president of Australian Taiwanese Chamber of Commerce Queensland.
Koda CHEN, the President of TAIWAN FRIENDSHIP ASSOCIATION OF QUEENSLAND.
Grace YU, the Brisbane Lord Mayor’s Charitable Trust Ambassador
Mlib Tmetuchl, the President of Palau Major Lague Baseball
Mr Daisei Yamamoto (President of Brisbane Japan Chamber of Commerce and Industry)
Ms Mari Kurita (President of Japanese Club of Brisbane)
Ms Kumi Ikeda (Representative from Brisbane Seinendan)

The main sponsor for this game, @Brisbane Bandits generously provided the prizes for the game MVP, the Best Batter, and Best Pitcher namely:

Brisbane Bandits Game MVP – Masahiro Takahashi
Best Batter – Hsiang Wang
Best Pitcher – Ken Yoshida
Congratulations to these players!

The game was a great opener for the QLD Baseball season. Now our Brisbane Bandits are returning to Viticon Stadium on Thursday, 21 November 2024. Visit the full details from #ABL25 Bandits schedule #Carinaleagues #BrisbaneBandits #ABL

PHOENIX LAW & ASSOCIATES is a passionate supporter of Brisbane Bandits BASEBALL. Phoenix Law & Associates speak Japanese fluently – and many other languages. Call 1800GETHELP. Level 16, 300 Adelaide St, Brisbane #baseball #BrisbaneBandits #homeconveyancing #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish

Congratulations to our Legal Practice Director Hideki Shimizu – 10 years of helping families and businesses buy and sell properties..  and thousands of successful settlements. They say when a job is done well, nobody notices… but our customers and the Conveyancing Home Qld and Phoenix Law team do.  

A passionate supporter of youth sport, Hideki also coaches Brisbane Bandit baseball teams.

Phoenix Law & Associates speak Japanese fluently – and many other languages. Call 1800GETHELP.  Level 16, 300 Adelaide St, Brisbane #homeconveyancing #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #Spanish

If you like being challenged intellectually, whilst being supported by a tight and supportive well-resourced multi-lingual team, where ethical values matter, then consider applying with PHOENIX LAW & ASSOCIATES.

We are looking for a highly skilled and motivated COMMERCIAL LITIGATION LAWYER to join our BRISBANE legal team. Phoenix Law & Associates specialise in commercial disputes, we provide exceptional personalised legal services to our diverse multilingual clientele. This is an exciting opportunity for a talented individual who thrives in a challenging and dynamic environment. Phoenix Law – big firm talent;  small team culture.

Apply to Hideki Shimizu at  info@phoenix-law.com.au  Level 16, 300 Adelaide Street, BRISBANE, QLD #law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw 

Responsibilities:

•       Handle a wide range of commercial litigation cases, including contract disputes, business torts, intellectual property matters, employment disputes, and other related issues.

•       Conduct thorough legal research and analysis, prepare pleadings, motions, and other legal documents.

•       Represent clients in court proceedings, arbitrations, mediations, and negotiations.

•       Develop and implement effective litigation strategies to achieve favourable outcomes for clients.

•       Provide legal advice and guidance to clients on complex legal matters, ensuring compliance with applicable laws and regulations.

•       Collaborate with colleagues and work as part of a cohesive team to achieve department and firm goals.

•       Stay updated on changes in legislation, case law, and industry trends to effectively counsel clients and provide accurate legal opinions.

We’re aware of the strain litigation can put on our clients, and that’s why we’re committed to delivering timely, favourable results. Join our dynamic team. As a Commercial Litigation Lawyer, you will have the opportunity to make a significant impact, work on complex cases, and collaborate with top legal professionals in the field.

We offer competitive compensation packages and a supportive work environment that fosters professional growth and development. Phoenix Law is an equal opportunity employer. We have a team of multilingual lawyers that celebrate diversity and are committed to creating an inclusive and respectful workplace.

How to Apply

APPLY BY EMAIL: info@phoenix-law.com.au . |300 Adelaide Street, BRISBANE, QLD

#law #commerciallaw #litigator #litigation#team #opportunity #culture #phoenixlaw #qldlaw 

Beginning May 10, 2024, prospective students and their guardians aiming to study in Australia will need to meet revised financial capacity requirements. This adjustment comes as part of the Australian government’s efforts to ensure that international students have adequate financial resources to sustain themselves during their studies in the country. The amendment aligns the financial capacity requirement with 75 percent of the national minimum wage, providing a clearer indication of the funds necessary to maintain a basic standard of living while pursuing education in Australia.

Updated financial capacity requirement

The updated financial capacity requirement reflects a consideration for the fact that students spend approximately 25 percent of the year out of course sessions. During this time, they may choose to return to their home countries or engage in unrestricted work opportunities, enabling them to support themselves financially. By recalibrating the financial threshold in this manner, the Australian government aims to empower international students to make informed decisions about their educational journey and mitigate various challenges commonly associated with insufficient financial resources.

One of the primary benefits of the increased financial capacity requirement is the potential reduction in financial distress experienced by international students upon arrival in Australia. Adequate financial preparation ensures that students can meet their living expenses without resorting to excessive work hours, which could otherwise compromise their academic performance and visa compliance. Moreover, the adjustment aims to safeguard students from the risks of exploitation in the workplace, as they are less likely to seek unauthorized employment due to financial pressures.

Increased minimum required funds

The subsequent table will outline the increased minimum required funds necessary to fulfill the financial capacity requirement.

 Financial capacity requirement before 10 May 2024Financial capacity requirement after 10​​ May 2024
primary applicantAUD24,505AUD29,710
spouse or de facto partner of the Student primary applicant (not applicable to Student Guardian applicant)AUD8,574AUD10,394
dependent childAUD3,670AUD4,449
annual school costsAUD9,661AUD13,502
personal annual income if there is no member of the familyAUD72,465AUD87,856
personal annual income where there is a member of the family unitAUD84,543AUD102,500

Table retrieved from Department of Home Affairs Website. https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

It’s important to note that applications lodged before May 10, 2024, will be assessed based on the financial capacity requirements in effect at the time of application. However, prospective students and their guardians are encouraged to familiarize themselves with the updated requirements to ensure compliance and avoid any potential discrepancies.

In conclusion, the increase in the financial capacity requirement for Australian student visas represents a proactive step towards enhancing the overall well-being and experience of international students studying in the country. By aligning the financial threshold with a proportion of the national minimum wage, the Australian government aims to foster a supportive environment conducive to academic success and personal development for all international students.

For more detailed information, applicants are directed to refer to the Subclass 500 Student visa and Subclass 590 Student Guardian visa guidelines provided by the Australian government. Alternatively, prospective applicants can contact our office by either calling us on 07 3138 0908 or email us at info@phoenix-law.com.au.

준비란 초기에 조언을 구하는 것을 의미합니다.

가족법에 관한 유용한 조언을 얻을때, 별거 직전의 상태가 아니어도 됩니다.  일부 커플에게는 이혼 과정이 신중한 몇 년을 거쳐 준비되며, 많은 사고와 준비와 금융 조언이 필요할 수 있습니다. 물론 다른 커플에게는 매우 다를 수 있습니다.

우리는 재정적 불안에 대한 우려 때문에 여성들이 먼저 정보를 얻기 위해 접근하는 경우가 더 많다는 것을 알게 되었고, 다른 민족 집단의 호주인들이 도움을 구하는 데 문화적으로 더 많은 두려움을 가질 수 있고, 아마도 접근할 수 있는 정보 자원이 더 적을 수 있다는 것을 알게 되었습니다. 해외의 유일한 양육법은 또한 강력한 방지책으로 여겨질 수 있습니다. 그러나 역사적으로 여성들이 남성보다 호주에서 이혼 신청을 더 많이 했습니다.

이혼이란 무엇인가요?

호주에서 이별이란 커플로서 함께 살지 않는 것을 의미하며, 관계 중 한 명 이상이 별거를 결정하, 그 결정에 따라 행동하며 다른 사람에게 알린 것입니다. 파트너가 동의할 필요는 없습니다. 여전히 같은 집에 살고 있을 수 있습니다.

이혼에 대한 법적 요건은 없습니다. 호주에 처음 온 분이거나 거주권에 대해 걱정하는 경우에는 그부분에 대해 말씀해 주시기 바랍니다.

한 사람이 집을 나가거나 여전히 같은 집에 살지만 별개의 삶을 살 수 있습니다. 이를 “하나의 지붕 아래서의 별거”라고 합니다. 여러분은 이러한 거주 협약을 센터링크와 같은 기관에 증명해야 할 수 있습니다. 하나의 지붕 아래에서 분리된 것으로 간주될 때, 기관은 다음 사항을 고려할 것입니다.

  • 함께 자을자는지
  • 성관계나 성적 활동을 하는지
  • 식사와 가사 업무를 공유하는지(결혼했을 때와는 다른 방식으로)
  • 돈과 은행 계좌를 공유하는지
  • 가족과 친구들이 당신을 별고한것으로 생각하는지

이별 중에도 당신과 당신의 배우자는 결혼 집에 동등하게 거주할 권리가 있습니다. 재산 소유권은 관련이 없습니다. 누구든지 이별 중에 결혼집을 떠날 수도 있지만, 아무도 강제로 떠나야 할 수는 없습니다.

치유적이고 영구적이며 법적인 분리

본인의 의도에 따라, 관계 상담사들은 3가지 가능한 상태에 대해 이야기할 것입니다. 먼저, 커플이 끊어진 관계를 치료하는 것을 돕기 위해 일시적이고 구조적인 시간적인 간격을 두는 치료적, 치유적 또는 시험적 분리를 들 수 있습니다. 다른 것들은 영구적인 분리; 그리고 법적 분리를 들 수 있습니다.

치유적이거나 시험적인 분리의 몇 가지 이점은 다음과 같을 수 있습니다.

  • 개인적 성장: 시간이 지나면서 개인적 성장과 변화가 이루어질 수 있습니다. 이러한 변화는 새로운 자아 및 자신과 배우자에 대한 새로운 이해와 결합하여 다시 만남을 위한 계기가 될 수 있습니다.
  • 앞으로의 과제: 재결합한 커플은 도전을 면할 수 없습니다. 그들은 과거의 불만을 해결하고 외부 인식을 관리하며 개인적 변화 후 재정렬하고 재결혼의 잠재적 복잡성을 극복해야 합니다.
  • 기초 중요: 성공적인 재결합을 위해서는 개방적인 의사소통, 자기 반성, 경계 설정 및 필요한 경우 전문 상담을 받는 것이 중요한 단계입니다.

이혼 통계

전통적인 표현 “일곱 년간의 가려움”은 일부 진실이 있을 수 있습니다. 최근 미국에서 이혼하는 결혼의 평균 기간은 8년이며, 여기 호주에서는 대부분의 이혼이 결혼 3년부터 7년 사이에 발생합니다. 결혼 후 10년이 지난 후에 이혼하는 커플은 4%에 불과합니다.

호주에서는 부부가 최소 12개월 이상 별거 중이면 일방이혼이 가능합니다. 2021년에 1,000명의 호주 거주자당 이혼 비율(1,000명당 이혼 횟수)은 2.2명으로, 2020년의 1.9명보다 증가했습니다. 호주에서 결혼의 약 44%가 이혼으로 끝나는 것으로 추정됩니다.

일, 스포츠 그리고 다른 활동들이 문제들을 전면에 내세울 수 있는 일상적인 공간이 없는 어려운 관계에서 강제적인 시간으로서 1월은 때때로 “이혼의 달”로 여겨집니다. 지지와 헌신 부족이 이혼하는 커플들이 가장 많이 주장하는 이유입니다. 다른 고민 사항은 너무 많은 논쟁, 불륜, 너무 젊은 나이의 결혼, 비현실적인 기대, 관계에서의 평등 부족, 결혼 준비의 부족 및 약물 또는 가정 폭력 또는 학대일 수 있습니다.

재결합율에 따르면, 이별한 커플 중 약 10 ~ 15%가 재결합하며, 이혼한 커플 중 약 6%가 다시 결혼합니다.

일찍 준비하기

별거나 이혼이 얼마나 어려울지 모르지만, 잘 알려진 사실에 기반한 편견 없는 법적 조언은 감정적 부담을 줄일 수 있습니다. 전문가의 중재를 통해 어려움을 극복하는 데 도움을 받을 수 있습니다. 종종 아이들이 포함되어 있으며, 더 큰 그림을 보는 것이 모든 사람에게 미치는 영향을 최소화하는 데 도움이 될 수 있습니다.

만일의 사태에 대비하기 위해 중재를 요청하고 은행 계좌를 개설하고 재산이나 부채를 분리하고 자산 목록을 작성하는 것이 필요할 수 있습니다. 각 사람의 요구 사항이 다르기 때문에 저희Phoenix Law는 계획과 조언을 도와드릴 수 있습니다.

언어와 문화의 중요성

Phoenix Law and Associates는 도와드릴 수 있는 공감과 민감한 가족법 전문가를 보유하고 있습니다. 무료 초기 상담을 위해 Phoenix Law & Associates에 전화하세요 1800GETHELP. 당신의 언어를 구사하고 당신의 문화를 이해하는 다국어 변호사들이 있습니다 – 우르두어, 힌디어, 파슈투어, 페르시아어, 중국어, 광동어, 한국어, 일본어 – 영어, 포르투갈어, 루마니아어.

브리즈번 시티, 애들레이드 스트리트 300번지 16층 | https://www.phoenix-law.com.au/ #브리즈번로펌 #우르두어 #힌디어 #파슈투어 #중국어 #광동어 #한국어 #일본어 #포르투갈어 #루마니아어 #가족법

감사합니다; Legal Aid Queensland 및 Forbes review

Preparation means seeking advice early

You don’t need to be on the brink of separation to obtain helpful family law advice.  For some couples, the separation process can be over many cautious years, with a great deal of thought and preparation and the need for financial advice. For other couples, of course, it can be very different.

We find that we are more often approached for information by women first,  because of concerns about financial insecurity and find that Australians from other ethnic groups may culturally have more apprehension in seeking help,  and perhaps have fewer information resources to access.  Overseas sole custody laws can also be seen as a powerful deterrent. However, historically, women have initiated more divorce applications in Australia than men.

Mehr – The Dowry – and other cultural and religious dimensions

In addition to the legal aspects, it is important to recognise the cultural and religious dimensions that may influence the separation process. In many Muslim communities, for instance, the concept of Mehr, a mandatory payment made by the groom to the bride at the time of marriage, serves as financial security for the bride.

This concept of financial protection extends into discussions surrounding separation and divorce. Addressing matters such as dowry and Mehr is essential within these communities, ensuring equitable outcomes and honouring religious obligations.

Our team at Phoenix Law & Associates understands the significance of such cultural nuances and can provide guidance that respects both legal requirements and personal beliefs, ensuring a comprehensive approach tailored to your unique situation. (Fatima , Solicitor Bachelor of Law; Graduate Diploma of Legal Practice)

What is Separation?

In Australia separated means you have stopped living together as a couple, and at least one person in the relationship makes the decision to separate, acts on that decision and tells the other person. Your partner doesn’t have to agree. You can be separated and still be living in the same home.

There are no legal requirements for separation. If you’re new to Australia or are worried about residency, please talk to us about that.

One person may move out of the home, or you can be still living at home together but have separate lives—this is called ‘separation under the one roof.’ You may have to prove these living arrangements to agencies such as Centrelink. When deciding if you are separated under one roof, they will consider whether:

  • you sleep together
  • you have sex or sexual activity
  • you share meals and domestic duties (in a different way than when you were married)
  • you share money and bank accounts
  • family and friends think of you as separated.

Both you and your spouse are equally entitled to live in the marital home during separation – ownership of the property is not relevant. Anyone can also leave the marital home during separation, but no one can be forced to.

Therapeutic, permanent and legal separation

Depending on your intentions, relationship therapists will talk about 3 possible states. Firstly, a therapeutic, healing or trial separation – which is temporary and structured time apart, to help a couple heal their broken relationship. The others – a permanent separation; and a legal separation.

Some benefits of a therapeutic or trial separation may be ;

  • Personal Growth: Time apart can foster personal growth and change. This evolution, coupled with a new understanding of oneself and one’s partner, can be a catalyst for reunions.
  • Challenges Ahead: Reunited couples are not exempt from challenges. They must address past grievances, manage external perceptions, realign after personal changes, and navigate the potential complexities of remarriage.
  • Foundations Matter: For a successful reunion, open communication, self-reflection, setting boundaries, and, if necessary, seeking professional counselling are crucial steps.

Divorce statistics.

The traditional expression “ the seven-year itch”, may have some truth as the average length of a marriage, at least in the United States, that ends in divorce is 8 years,  and here in Australia, most divorces happen between year three and year seven of marriage. Just 4% of couples divorce after 10 years of marriage.

One-sided divorce is possible in Australia as long as the couple has been separated for at least 12 months. The crude divorce rate (divorces per 1,000 Australian residents) was 2.2 divorces per 1,000 residents in 2021, up from 1.9 in 2020. It could be estimated that 44% of marriages in Australia end in divorce.

January is sometimes considered “divorce month”, as an enforced time in a challenging relationship without the usual space that work, sports and other activities may bring issues to the fore.  Lack of support and commitment is the most common reason given by divorcing couples. Other concerns may be too many arguments; Infidelity; being married too young; unrealistic expectations; lack of equality in the relationship; lack of preparation for marriage and substance or domestic violence or abuse.

Reunion rates show that between 10 to 15% of separated couples do reconcile, and approximately 6% of divorced couples remarry each other.

Preparing yourself early

As hard as separation or divorce might be, well-informed and supportive non-judgmental legal advice will lessen the emotional burden. A professional third party can help you navigate through the challenges. Often children are involved, and seeing the bigger picture may help minimise the impact on everyone.

Preparing yourself for any eventuality may include seeking mediation and protecting yourself financially by opening your bank account; separating assets or debts, and inventory assets.  We can help with planning and advice, as each person’s needs differ.

Language and Culture matter

Phoenix Law and Associates have compassionate and sensitive Family Law specialists to help you through. To gain a free introductory perspective call Phoenix Law & Associates 1800GETHELP.  We have multilingual lawyers who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian.

Level 16, 300 Adelaide St, Brisbane City|  https://www.phoenix-law.com.au/  #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

With thanks; Legal Aid Queensland and Forbes review