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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 Canberra, Australia primarily come under the jurisdiction of the Family Law Act 1975, a Commonwealth Act. The act comprises comprehensive provisions dealing with the dissolution of a marriage, also known as divorce, and separation whether a couple was married or in a de facto relationship. Post-separation arrangements, including financial settlement and child custody, are also covered under this law. Both divorce and separation cases are often handled by the Family Court of Australia or the Federal Circuit Court.
Navigating through a divorce or separation is usually emotional and complex. You may need a lawyer to assist you in understanding your rights and obligations towards property division, spousal maintenance, and child custody or support. If the relationship between you and your partner is strained, a lawyer can help ensure your interests are represented fairly and accurately. In cases where your partner has obtained legal representation, it is advisable to also seek legal help to level the playing field and ensure fair conduct
Under the Family Law Act 1975, a couple may apply for a divorce after living separately and apart for a continuous period of not less than 12 months. If there are children in the relationship, it must be proven to the court that proper arrangements for their care, welfare, and development have been made. There is no legal requirement for assets division or formal separation agreements before initiating divorce proceedings. However, there are time limits for making an application for property settlement or spouse maintenance following divorce, usually within 1 year.
No, you do not need your partner's consent to apply for a divorce. You can apply individually or jointly with your partner.
If you've been married for less than two years, you are required to seek counselling before applying for a divorce, or secure permission from the court.
The division of property isn't determined by a fixed rule. It depends on several factors including financial and non-financial contributions, future needs, and the justice and equity of the arrangement.
The court prioritises the best interests of the child. This may involve considerations like the child's relationship with each parent, the ability of parents to provide for the child, and the child's wishes, depending on their age and maturity.
A de facto relationship under the Family Law Act is one where the couple, though not legally married, lived together on a genuine domestic basis.
The Family Court of Australia website and the Federal Circuit Court of Australia website provide extensive information about divorce and separation processes. Legal Aid ACT offers free advice and can help you understand your rights and obligations. The Australian Government's Family Relationships Online service also provides helpful information and counselling services.
If you need legal assistance for divorce or separation issues, consider seeking initial advice from organisations like Legal Aid ACT. Assess whether you'd prefer to hire private legal representation and choose an experienced family lawyer who specialises in this area. Don't hesitate to ask for clarifications at each step of the process, you have a right to understand all aspects of your case.
