The time from when you and your spouse start living separately is not similar to legal separation as there are no legal consequences associated with it. You can decide to stay separately from your spouse as long as you want. However, a separation that continues for an indefinite period has legal ramifications concerning child custody and property rights. The process of legal separation is a court-recognized settlement that changes the obligations of marriage. Whether you want to separate legally or not, hiring separation lawyers in Sydney can help.
Here is what you need to know about the process of legal separation.
- Legal separation and divorce
Before you research separation lawyers Sydney, you need to know that legal separation is as good as the divorce procedure. While the former does not end the marriage, the court can divide the debts and property and settle the issues of support and alimony. Therefore, legal separation allows a couple to remain as husband and wife. On the other hand, a divorce ends the marriage and debars you from having any legal association with your partner.
- Why legal separation
Couples may have different reasons to seek a legal separation. For instance, the couples may require time before the divorce or they may not be ready yet for divorcing officially. Besides, legal separation allows couples to receive social security benefits from insurance coverage or the work record. Usually, a divorce prevents you from obtaining the spousal benefit.
- Rights of spouses
During a legal separation proceeding, the court can decide matters of support and child custody. Moreover, legally separated couples cannot remarry until they get a divorce. Here are a few things that can arise between legally separated couples. Ask the separation lawyers Sydney to find out more about the rights of spouses.
- Whether one of the spouses can receive temporary alimony.
- Deciding on child support in case of the involvement of minor children.
- How should the couples require to pay
- Seeking rights to the family home to figure out whether one of the spouses can live in marital homes during the period of separation.
- Qualifying or legal separation
You can talk with separation lawyers Sydney to learn more about legal separation. Some couples decide to go for legal separation as they want to avoid divorce. Besides, several other couples are eager for the obligations or agreement to get spousal support. The issue of legal separation may last for a specific period. Therefore, you need to file and do the paperwork needed for the procedure. However, the procedure of legal separation becomes easy when spouses agree on the terms. Ask the separation lawyers Sydney to know about the qualifications to file for legal separation.
Separation may not result in divorce
Even though most of the cases of legal separation eventually result in divorce, spouses often work put the issues among themselves to restore the marriage and the relationship. Both legal separation and divorce pose a difficult and challenging phase for couples. Therefore, they can discuss their options with the law practitioner for the desired outcome.