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Browse our 1 legal question about Divorce & Separation in Australia and the lawyer answers, or ask your own questions for free.
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.
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.
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.
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.
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.
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.
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.
Not all divorces need to go to court. If you can agree on terms with your partner, the court may not be necessary.
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.
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.
