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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 surrounding divorce and separation in Baulkham Hills, Australia, fall under the Family Law Act 1975, which is a statute of the Federal Parliament of Australia. This act regulates divorce and marriage dissolution, parental responsibilities, and the division of property when a relationship breaks down. For a divorce to be granted, the court must be satisfied that the marriage has broken down irretrievably and the couple has been living separately for at least 12 months.
Divorce and separation can be emotionally challenging and legally complex. In many situations, securing a lawyer is beneficial. For example, if there are disputes over child custody, division of property or financial issues, it's crucial to have a professional able to protect your rights and interest. A lawyer can provide advice, help you understand the law, represent you in court if necessary, and guide you in making informed decisions to reach a fair agreement.
In Baulkham Hills and the rest of Australia, laws state that there must be an irretrievable breakdown of the marriage for a divorce to be granted. The couple must prove they have been living separately for at least 12 months and there is no chance of reconciliation. When addressing matters related to child custody, the court primarily considers the best interests of the children. The division of property takes into account direct and indirect contributions to the relationship, including financial and non-financial contributions.
Typically, once a divorce application is filed, the process takes about four months to complete, assuming that everything goes smoothly and neither party contests the divorce.
The court will look at all assets, including properties, investments, and superannuation, and will weigh up each party's contributions towards acquiring, conserving, or improving these assets to decide on a just and equitable division.
Joint custody, also known as shared parental responsibility, means both parents share major decisions concerning the child, like education, health, and religious upbringing. It doesn't necessarily mean the child spends equal time with each parent.
Yes, you can represent yourself in court. However, it is recommended to have a lawyer due to the complex nature of the legal procedures and paperwork involved in divorce cases.
While legally you can date during separation, it's often advised against as it can impact the emotional dynamics of divorce proceedings and potentially affect the outcome of the case.
The Australian Government's Family Relationships Online website provides information and guides on the divorce process, child custody, and property disputes. The Law Society of New South Wales can also provide referrals to accredited specialist family lawyers. Another resource is the Hills Community Aid website, which offers counselling and legal advice services.
If you are considering separation or divorce, it would be beneficial to consult an experienced family lawyer in Baulkham Hills for legal advice tailored to your personal situation. A lawyer can explain your rights, help you fill out necessary paperwork, and guide you through court proceedings if required.
