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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 laws in Burnie, Australia, are based on Australia's federal Family Law Act 1975. A couple becomes eligible to file for a divorce when they are separated for a minimum of 12 months and there is no possibility of reconciling the relationship. The divorce process does not necessarily include matters of child custody, child support, or property settlement, which are usually resolved separately. It is worth noting that Australia has a no-fault divorce system, meaning that the court does not concern itself with the reasons for marriage breakdown.
Even though the process of filing for a divorce can be done personally, having an attorney can be beneficial due to numerous reasons. Complex issues such as property division, spousal maintenance, and child custody and support generally require experienced legal guidance. A lawyer can also help understand your rights, responsibilities, and the implications of your decisions post-divorce. If your spouse has engaged an attorney, it is recommended to get one yourself to ensure a balanced exercise of legal rights. Furthermore, a lawyer can manage all the paperwork, submit them in a timely manner, and reduce the chances of costly mistakes.
In Burnie, under the Family Law Act, the court does not consider who caused the marriage breakdown during the divorce process. Instead, the focus is on whether the marriage has broken down irreversibly with no chance of reconciliation. If children are involved, the court gives paramount consideration to their well-being, emphasizing the importance of both parents having an ongoing relationship with their kids post-separation. The law also advocates for fair and equitable property division, which considers multiple factors beyond just financial contributions.
The best interests of the child are the paramount consideration. Parenting matters can be agreed upon privately, through mediation, or can be decided by a court if an agreement cannot be reached.
The court considers various factors including financial and non-financial contributions, future needs, and fairness of the result. The court aims for a just and equitable division.
After filing for a divorce, a hearing is usually scheduled in about two months. If the divorce is granted, it becomes final one month and one day after the hearing.
While it is possible to get a divorce without a lawyer, it may not always be the best path, particularly if there are complex matters such as property division and child custody involved.
Mediation is often used to help spouses reach agreement on parenting and financial matters. It is a cost-effective method to resolve disputes without resorting to court proceedings.
Community legal centres and Family Relationship Centres in Burnie can offer legal advice and mediation services. The Australian Government's Family Law Courts website provides a wealth of information on divorce, separation, parenting, property, and family law.
If you need legal assistance for divorce or separation, it is advisable to gather all relevant documentation related to your marriage, finances, and children. Consider engaging a professional family law attorney who can guide you through the process. It may also be beneficial to seek emotional support from therapists or support groups.
