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Divorce and separation in Australia are governed by the Family Law Act 1975, which allows married couples who have separated to apply for a divorce. The law also covers issues such as property settlement, spousal maintenance, and arrangements for children.
You may need a lawyer in situations where you and your partner are unable to reach an agreement on issues such as property division, child custody, or spousal support. A lawyer can provide legal advice, represent you in negotiations or court proceedings, and ensure your rights are protected.
In Australia, divorce is granted on a 'no-fault' basis, meaning the court does not consider who is to blame for the breakdown of the marriage. To apply for a divorce, you must have been separated from your spouse for at least 12 months and demonstrate that the marriage has irretrievably broken down.
A: The divorce process typically takes about four to six months from the date of filing the application with the court.
A: In most cases, you do not need to attend court for a divorce hearing. The court will review your application and grant the divorce if all requirements are met.
A: The court will consider factors such as the financial contributions of each spouse, the future needs of each party, and any children's welfare when dividing property in a divorce.
A: Once a divorce settlement is final, it can be difficult to change the terms. It is essential to seek legal advice before reaching a settlement agreement.
A: While you are not required by law to have a lawyer for a divorce, it is highly recommended to seek legal advice to ensure your rights are protected.
For more information on divorce and separation in Australia, you can visit the Family Court of Australia website or contact a local family law organization for assistance.
If you require legal assistance for divorce or separation in Australia, consider consulting with a family law lawyer who specializes in these areas. They can provide you with guidance and support throughout the process, helping to ensure a fair outcome for all parties involved.
