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Free Guide to Hiring a Family Lawyer
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Divorce and separation in Australia are governed by the Family Law Act 1975, which provides a legal framework for the dissolution of marriage. The legal process involves filing for divorce in the Federal Circuit and Family Court of Australia, which is a no-fault jurisdiction. This means that the reasons for the marriage breakdown are not considered; the key basis for divorce is the irretrievable breakdown of the marriage demonstrated by 12 months of separation.
Engaging a lawyer can be essential in various situations, including property settlements, child custody disputes, and understanding legal rights and responsibilities. A lawyer can provide clarity on complex legal processes, represent your interests in negotiations or court, and offer guidance on documenting agreements legally. They are also invaluable when navigating through emotional and contentious issues that can arise during separation and divorce.
Australia's family law typically covers divorce, property settlement, and parenting arrangements. The divorce process strictly requires proving a 12-month separation period. When it comes to property division, the law seeks a 'just and equitable' distribution rather than equal shares. For parenting matters, decisions should serve the best interest of the child, emphasizing their rights to meaningful relationships with both parents, unless it compromises their safety or well-being.
The sole ground for divorce is the irretrievable breakdown of the marriage, evidenced by a 12-month separation period.
No, only one party needs to apply and prove the 12-month separation. However, the other party can oppose if there's a dispute about the separation period.
Yes, this is known as separation under the same roof. It requires providing evidence that the marriage has broken down despite living together.
The court considers what is 'just and equitable' based on factors like the financial and non-financial contributions of both parties and future needs.
Parenting orders are legally enforceable arrangements made regarding the welfare, living arrangements, and contact schedule of the children.
De facto relationships, including same-sex couples, are considered similarly for property settlements and parenting orders, provided the relationship lasted at least two years, or there are children or significant contributions involved.
The current fee for filing a divorce application is set by the court and is regularly updated. Fees may be reduced in cases of financial hardship.
Yes, child support is a separate matter, generally handled by the Department of Human Services, which manages the assessment and collection based on parents’ income and the care provided.
If an agreement cannot be reached, the parties may need to attend family dispute resolution or have the court make a decision based on what is best for the children.
Once the application is lodged, a divorce generally takes about four months to be finalised if there are no complications or disputes.
Some helpful resources include Family Relationships Online, the Legal Aid Commission in each state and territory, and the Australian Government's Family Court website. These resources offer information, support, and referrals to services that can assist in legal matters related to divorce and separation.
If you require legal assistance, consider consulting with a qualified family lawyer who can provide advice tailored to your situation. You can locate a lawyer through professional associations such as the Law Society in your state or territory. For immediate support, contacting your local Legal Aid office or accessing community legal services can be beneficial. Remember to gather all relevant documents including identification, financial records, and any previous family court orders to facilitate your legal consultation.
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