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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.
Divorce and separation law in Ararat, Australia, like anywhere else in the country is governed by the Family Law Act 1975. The act stipulates that the only ground for divorce is an irretrievable breakdown of the marriage. This is typically proven by the spouses living separately and apart for a continuous period of at least 12 months.
A lawyer specializing in divorce and separation can be invaluable in navigating the complexities of Australian family law. Some common situations that might necessitate legal help includes if there are children involved, if either party is contesting the divorce or if there are significant assets or financial resources that need to be divided. It's also advisable to seek legal counsel if there are disagreements about debts or if there are concerns about domestic violence or child abuse.
Divorce and separation laws in Ararat are the same as the rest of Australia, and are primarily governed by the Family Law Act. It's important to note that property settlement following separation will not be automatic, as it's necessary to apply for court orders within 12 months of a divorce becoming final, if not resolved privately. Parenting orders, in relation to whom the child will live, spending time and communication, can also be made subject to the child's best interests.
No, Australia has a 'no fault' divorce system meaning you only need to show that the marriage has irretrievably broken down, evidenced by 12 months of separation.
A divorce application can be filed online through the Commonwealth Courts Portal. This requires creating an account, completing the application, printing the application, signing it before a Justice of the Peace or lawyer, then uploading the signed application with supporting documents on the portal.
Children are not directly involved in the proceedings. However, before granting a divorce where children under 18 are involved, the Court must be satisfied that appropriate arrangements have been made for their care.
Unless you've made a private agreement, you'll need to apply for a court order for property settlement within 12 months of your divorce becoming final. This involves a complex assessment of the assets, debts, as well as financial and non-financial contributions by both parties.
Parties to a de facto relationship have generally the same rights and responsibilities as those who were married. For a court to make an order for property adjustment or maintenance, it must be satisfied that the parties were in a de facto relationship for at least two years, or that there's a child of the relationship, or if a party made substantial contributions and serious injustice would be caused if no order was made.
For more information on divorce and separation laws, the Family Court of Australia's website, Legal Aid Victoria, and local family relationship centres can serve as beneficial resources. Additionally, Community Legal Centres across Victoria offer free advice and assistance on legal matters, including family law.
If you need legal assistance in divorce or separation, the first step is to seek legal advice. This can be from private law firms specializing in family law, or from free or low-cost legal services like legal aid, community legal centres, or pro bono services of law firms. Be sure to gather all relevant documents such as marriage certificates, proof of citizenship or residency, details of current income and expenses, and an inventory of all assets and debts. You might also want to consider counselling or alternative dispute resolution services to help manage the emotional aspects of separation.
