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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.
In Atherton, Australia, the laws surrounding divorce and separation are governed by the Family Law Act 1975. This act stipulates that the only ground for divorce is an irretrievable breakdown of the marriage, demonstrated by a 12-month separation period. Both de facto and married couples can apply for a divorce but specific conditions need to be met, which can become complex in situations involving disputes over property or child custody.
There are numerous situations in which legal help may be necessary during the process of divorce or separation. Issues regarding property distribution, financial arrangements, and child custody arrangements can often lead to disputes. A lawyer can guide you through the legal requirements, ensure your rights are protected, and assist in resolving any disagreements. Additionally, if your divorce involves domestic violence or international elements such as overseas property or citizenship, the advice of an experienced lawyer is crucial.
The key aspects of local laws pertaining to divorce and separation in Atherton follow the principles outlined in the Family Law Act. Crucial points include that divorce is granted based on an irretrievable breakdown of marriage, asserted by a 12-month separation period. Furthermore, to apply for a divorce one party must regard Australia as home or be an Australian resident. For property settlement, the Family Law Act emphasizes just and equitable distribution, considering factors like financial contribution, future needs, and the interest of children. For child custody, the best interest of the child is prioritized.
No, you do not need your spouses' consent to get a divorce. However, you must serve divorce papers to your spouse. If you both agree to the divorce you can apply jointly.
The date of separation is usually the date that one party communicates to the other their intention to end the relationship and acts on it. It is possible to be considered separated while living under the same roof.
Property and assets are divided according to factors like each party's contributions, future needs, and what is considered just and equitable. It's not necessarily a 50-50 split.
Child custody is determined by considering the child's best interests. Factors such as the child’s relationship with parents, their views, the effect of change and practicality of arrangements are considered.
Yes, you can revert to your maiden name following a divorce without the need for a formal name change. You will usually be required to produce your birth and marriage certificates in some instances.
For further assistance, Family Relationship Centres, Legal Aid, and the Federal Circuit and Family Court of Australia provide beneficial resources and advice. The Australian Government's website also provides comprehensive information on divorce and separation.
If you require legal assistance with your divorce or separation, the first step is to seek a consultation with a reputable family lawyer in Atherton. This professional will guide you through the process, ensuring you understand your rights and obligations according to the law. It might also be beneficial to seek counselling and support from local community services during this challenging period.
