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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.
Divorce and separation law in Box Hill, Australia are part of the Family Law of Australia, that governs the disputes revolving around divorce, child custody, property settlement, and more. Pursuing divorce or going through separation can be a highly emotional and stressful process. It is crucial to understand your legal rights and obligations at such a time.
Legal advice is important in situations involving divorce and separation due to the complex legal procedures and emotional implications. Lawyers can help in interpreting the paperwork, assisting with property division and child custody disputes, liaising with the other party, and accurately presenting your case in court. Without a trained professional's help, you might inadvertently waive your rights or harm your interests.
In Box Hill (and all of Australia), the Family Law Act 1975 stipulates that either spouse can file for divorce after a 12-month separation period. To get a divorce, you must demonstrate that there's no likelihood of getting back together. Concerning child custody, Australian courts prefer joint custody whenever feasible, considering the child's best interests. For property division, the law looks at the contributions made by both parties during the marriage and their current and future needs.
To file for divorce, you must have been separated for at least a year, fill in a Divorce Application form, and submit it to the Family Law Courts along with the required fee.
Yes, your spouse's consent isn't required for you to get a divorce. However, they have a right to know about the proceedings and defend the application if they wish to.
Australian law considers both financial and non-financial contributions of both parties. It also considers the future needs, including age, health, financial resources, care of children and ability to earn.
Australian law encourages shared responsibilities for children after parents' separation. The court will always prioritize the best interests of the child when making custody decisions.
Legal separation is defined as living separately and apart from your spouse with an intention to end the relationship. You can be considered as 'separated' yet live under the same roof for legal and practical purposes.
You can seek assistance from Family Court of Australia, your local Legal Aid commission, and community legal centres. You can also approach counselling services and financial advisors.
If you need legal assistance in matters of divorce and separation, start by reaching out to a professional in family law. Prepare necessary documents including financial statements, property deeds, and related paper work before your meeting. Be sure to have open and honest communication with your lawyer to ensure they can effectively represent your interests.
