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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 Beenleigh, like the rest of Australia, divorce and separation are catered for by the federal Family Law Act. After a separation period of 12 months, a couple can apply for a divorce, the legal dissolution of a marriage. While separation indicates living separately and apart, it's not legally recognized like a divorce, however, it can significantly impact property settlements and child custody arrangements.
An experienced lawyer can be beneficial to ensure your interests are protected in divorce or separation cases. Lawyers can assist in spousal maintenance, property division, making the proper draughting for a separation or custody agreement, and offering guidance through court process when necessary. It’s also important to consult a solicitor when your partner has one, to level the playfield.
The principal piece of legislation governing divorce and separation in Beenleigh and Australia at large is the Family Law Act 1975. Some of the key aspects include a requirement to prove to the court that the relationship has irreversibly broken down, necessitating a minimum separation period of one year. Concerning matters of child custody, the law favours the child's best interests. A 50/50 split is the starting point when distributing assets, however, the court considers numerous factors when deciding the final division.
Following the filing of a divorce application, there is a mandatory waiting period of two months for a divorce hearing date. If all paperwork is in order, the divorce will be granted on the hearing date.
Yes, you can still get divorced if you live in the same house. However, you must prove to the court that you and your spouse are leading separate lives, showing a clear and definitive end to the marital relationship.
In Australia, if one person in a marriage wants a divorce, both parties must abide regardless of whether the other party agrees. Consent isn't needed from both parties, only evidence that the relationship has failed.
In Australia, the court does not automatically split property 50/50. The division considers various factors such as the financial and non-financial contributions of each spouse, future needs, and how to achieve a just overall outcome.
Yes, you are entitled to revert to your maiden name after a divorce, whether you changed your name through marriage or by a change of name certificate.
Legal Aid Queensland provides essential services and resources for those navigating the divorce and separation process. The Family Relationship Advice Line also provides a range of services to support people affected by relationship or separation issues.
If you require legal assistance with your divorce or separation situation, the first step is to consult with a local family lawyer. They can provide you with personalised advice according to your particular situation, assist in paperwork, represent you during court proceedings, and make sure your rights and interests are protected.
