The Divorce Act sets out the grounds for obtaining a divorce. There are 3 grounds to obtain a divorce which are separation of one year or more, adultery and mental or physical cruelty. The parties can not obtain a divorce by agreeing to it and the marriage breakdown should be established on one of these three grounds.  The Divorce Act also deals with all other related issues to a divorce such as parenting arrangements, child support, spousal support, division of property and so on. 

If both spouses agree on issues that they have the divorce may be decided uncontested without a trial and/or hearing based on sworn affidavits or short oral evidence given by one or both parties. If the parties can not agree on the divorce and on issues the matter will go to trial as contested and will have to go through several stages in courts before obtaining a divorce judgment.  

The divorce judgment takes effect after 31 days from the judgment date and the parties are allowed to remarry if they wish and the parties can obtain the certificate of divorce from the court office as proof of divorce. 

If the relationship between a couple has been broken and they are not sure whether they want to get a divorce and need time to think about it, a separation agreement could be an alternative. Many couples enter into Separation Agreements to settle their issues in the marriage and to avoid long court proceedings.  

If a married couple entered into a Separation Agreement and decided to live separately and apart from each other that does not end the marriage and only a divorce can end the marriage. Separation Agreements deal with matters such as parenting arrangements, child support and spousal support, division of family property and so on.  

Lawyers can provide advice and good insight into separation agreements as they are legally binding to the parties. Also, if the parties can not come to an agreement or are unwilling to make a commitment on a certain issue lawyers can negotiate the terms of the agreement on behalf of their clients. It is important to obtain independent legal advice before entering into a separation agreement as it legally binding the parties. 

Protection orders are issued under Domestic Violence and Stalking Act, by a Judicial Justice of Peace. It is a court order granted on an urgent basis in cases of domestic violence and stalking forbidding the respondent from having contact with the applicant. 

Domestic Violence includes causing harm to you or your property, threatening actions or behaviours that cause fear or emotional abuse, forcing you to remain against your will or sexual abuse. Stalking occurs when a person repeatedly harasses or bothers you causing you to fear or to be afraid for your safety. You do not have to until you have actually been injured to seek a protection order if you can explain to JJP why you need a protection order and if the protection order is granted the police or a sheriff’s officer will serve the respondent with a copy as soon as they are able. 

A prenuptial agreement, commonly known as a “prenup,” is a legal contract entered into by a couple before they get married or enter into a civil partnership. It outlines the rights, responsibilities, and obligations of each party in the event of a divorce, separation, or the death of one spouse. Prenuptial agreements are designed to provide financial and property protection, as well as clarify the distribution of assets and debts, should the marriage end.

Prenuptial agreements typically cover various aspects, such as the division of property acquired before and during the marriage, spousal support or alimony, the handling of debts and liabilities, and even matters related to estate planning. The agreement aims to protect the interests of both parties, establish clear expectations, and minimize potential conflicts in the future.

While prenuptial agreements were traditionally associated with high-profile individuals or those with substantial assets, they have become more common among couples of diverse backgrounds. They can be particularly useful when one or both partners have significant assets, inheritances, business interests, or children from previous relationships. By establishing a prenuptial agreement, couples can have greater control over their financial matters and potentially avoid lengthy and costly legal battles in case of a divorce or separation.

It’s important to note that prenuptial agreements must meet certain legal requirements to be considered valid and enforceable. These requirements may vary depending on the jurisdiction, so it’s essential to consult with an experienced family law attorney who can provide guidance and ensure compliance with the applicable laws.

Ultimately, a prenuptial agreement allows couples to proactively address financial matters and protect their individual interests, promoting transparency, and providing peace of mind as they enter into their marital union.