About Divorce & Separation Law in Adelaide, Australia
The laws governing divorce and separation in Adelaide, Australia fall within the purview of the Family Law Act 1975. This implies that the same rules apply regardless of your location, whether you're in Adelaide or elsewhere in Australia. They cater for marital and de facto relationships, including same-sex couples. The law provides rights and obligations in matters like child custody, property distribution, child and spousal support when a marriage or de facto relationship ends.
Why You May Need a Lawyer
While not a requirement, it's highly recommended to seek professional legal advice whenever dealing with complex legal matters such as divorce & separation. A lawyer will guide you throughout the whole process, ensuring you make well-informed decisions. Situations like negotiating child custody, determining spousal maintenance, or property division often become more manageable with an informed legal perspective. Moreover, if the separation or divorce leads to court proceedings, you'll need a lawyer to represent you.
Local Laws Overview
In Adelaide, a divorce can be granted if the court is satisfied that the couple has been separated for at least 12 months and there's no chance of reconciliation. If children are involved, the court must be assured that satisfactory arrangements have been made for their care. For property settlements, the law considers each party's contribution, whether financial or non-financial, the length of the relationship, as well as future needs including care of children and individual earning capacities. Spousal maintenance can also be granted based on factors like the spouse's capacity to work, their living standard during the marriage, and their personal finances.
Frequently Asked Questions
1. Can I get a divorce in Adelaide if I was married overseas?
Yes, you can apply for a divorce in Australia if you or your spouse regard Australia as home and intend to live indefinitely in Australia.
2. How long does the divorce & separation process take in Adelaide?
Typically, it could take several months for a divorce to be final once the application is filed. It largely depends on the complexities of individual cases.
3. How is child custody decided in Adelaide?
The best interest of the child is always paramount. The court aims to make orders that allow the child to have a meaningful relationship with both parents, and ensure the child is protected from harm.
4. How is property divided after a divorce?
Property division is not necessarily 50/50. It's based on each party's contribution, the length of the relationship, and future needs, among other factors.
5. Do I need to go to court to get a divorce?
Not all divorces need to go to court. If you can agree on terms with your partner, the court may not be necessary.
Additional Resources
For further help and information, you can check websites of the South Australia Government or reach out to family dispute resolution practitioners. Various community legal centres across Adelaide provide free or low-cost services.
Next Steps
If you're considering divorce or separation, it's advisable to first acquire legal advice for your specific circumstances. You can find a lawyer specialising in Family law through the Law Society of South Australia's "Find a Lawyer" database. Preparing relevant financial and property documents, as well as considering your children’s future needs, are crucial initial steps.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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