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|  #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

With thanks; Legal Aid Queensland and Forbes review

The landscape of worker visas is undergoing a seismic shift, with chicken farmers and music instructors finding favour, while traditional roles like chefs and managers are left off the list. We may see the new era of the Skills in Demand Visa, slated to replace the Temporary Skill Shortage (Subclass 482) Visa in 2024. This new visa promises a four-year stint for skilled workers across three distinct streams, paving the way for Permanent Residency for all eligible applicants.

The government’s aim to streamline employer-sponsored visas hit a snag with the unveiling of the initial job list, drawing concern from sectors like construction facing acute labour shortages. Despite assurances of prioritising migrants with sought-after skills, the draft list raised eyebrows among employer groups and international students alike.

Under the Skills in Demand Visa umbrella, three pathways emerge: the Specialist Skills Pathway, catering to top-tier professionals commanding a minimum salary of $135,000; the Core Skills Pathway, featuring an updated occupation roster and a salary threshold starting at $70,000; and the Essential Skills Pathway, tailored for lower-wage earners.

While IT professionals and accountants may find themselves initially sidelined, salvation could come in the form of a government proposal granting visas to individuals earning over $130,000, regardless of their field. However, the Hospitality sector stands poised to challenge this plan, underscoring the vital role migration plays in sustaining many eateries and cafes.

Acknowledging the labyrinthine complexity of the current visa system, newly appointed ministers have pledged a simplified approach, echoing Minister for Home Affairs Clare O’Neil’s sentiment on untangling the “bowl of spaghetti” comprising convoluted visa classes and eligibility criteria.

December ushered in a clearer roadmap, condensing work visas into three streamlined streams. The top tier beckons migrants with prospective employers willing to shell out over $130,000, offering a visa irrespective of occupation. On the flip side, those earning below $70,000 may secure visas under specific circumstances, such as in aged care. For earners falling between the $70,000-$130,000 bracket, entry hinges on a revamped jobs list spotlighting high-demand skills and scarce expertise.

Gaining an Australian Visa may be a very complex business. Phoenix Law & Associates have skilled migration lawyers to assist you, who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you.

CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City| #WorkerVisa #Migration #AustraliaVisa #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

Phoenix Law & Associates is proud to be the Diamond Sponsor of Matsuri Brisbane and Brisbane Seinendan Japanese Community since the inaugural event in 2018. We are excited to support MATSURI BRISBANE SATURDAY, 3 SEPTEMBER 2022 11 AM – 5 PM AT MT GRAVATT SHOWGROUNDS, 1644 Logan Road, Mt Gravatt.

The Matsuri Mission is for the wider community to embrace the spirit of our Brisbane Japanese community and demonstrate the vibrancy of our local Japanese community now and into the future.

Matsuri Brisbane 2021 & 2020 were cancelled due to the pandemic, so PHOENIX LAW &ASSOCIATES are super excited about 2022… CALL 1800-GET-HELP or see +61 (07) 3180 0908

Our knowledgeable and compassionate lawyers can help you in your own language #matsuri #japaneselanguage #workinjury #qldlaw #workerscompensation #spanishspeakinglawyer #chinesespeaking

職場でのケガ ― 労働災害はいつ、どうやって起きる?Workplace Accidents – How do they happen ?



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