Law

Difference between Divorce, Legal Separation and Annulment of Marriage

5:48 AM Kapil Kumar 0 Comments

There is a big difference between divorce, annulment of marriage and legal separation. Each one of them is subjected to different terms and conditions and provides a person with a different set of rights.
Divorce usually refers to the legal dissolution of marriage legally, which often requires the help of a Brisbane divorce lawyers. In case of a divorce the individual returns to their single status and is able to remarry. In a case of a divorce the parties are no longer bound to one another and is legally free to make their own decisions. There are two grounds of filing for divorce. One of them is called no-fault divorce, while the other one is called fault based divorce.

 A No-fault divorce is usually a hassle free divorce, where the spouse files for divorce without blaming the other partner in any manner. Grounds for no-fault divorce includes irreconcilable differences between both the parties where the marriage has broken down beyond repair due to lack of affection or love between two people.

Fault base divorce - A fault based divorce is a much more serious case where the role of a Brisbane divorce lawyer assumes paramount importance. In a fault based divorce issues like adultery, abandonment , domestic violence and other issues play an important role. Some couples choose fault based divorce to avoid the waiting period and to get a favourable decision from the court in regards to  child support and child custody.

An annulment of marriage on the other hand proclaims that the marriage is null and void, which means the court recognises the fact that the marriage is invalid. A divorce recognises the marriage to be legal, whereas in case of annulment, the occurrence of divorce is never recognised. In case of annulment of a marriage the court proceeding decides on the issues related to child custody and child support. 

The grounds for the annulment of the divorce can be based on the fact that the marriage was incestuous in nature, or it was bigamous. The marriage was the result of physical or mental incapacity, force or fraud. The marriage took place, when both the couples were below the legal age or when one or both the coupe were already in a registered married relationship and lastly if the  marriage took place, when the couples were under the influence of drugs or alcohol. 

In cases of legal separation the couples are granted rights to stay away from one another, however they are not free to enter into a legal relationship with any other partner and needs to takes joint responsibility for their children.  Deciding whether you want an annulment or divorce depends on which conditions you were married. It is important to note that the grounds for annulment is limited and in case you do not qualify for annulment then you should consult a Brisbane divorce lawyer and opt for divorce. 

Newwaylawyers.com.au is a non-profit legal firm based in Brisbane, Australia. They provide legal help and guidance regarding all family related issues to their clients all over Australia.  Their main difference with other family law firms in Brisbane is established by the fact that their motive of working with clients is solely based on trust and goodwill rather than profit. At newwwaylawyers.com.au you can enjoy the best services at an affordable rate in a friendly yet professional environment.

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