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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 Chatswood, Australia, divorce and separation laws are governed by the Family Law Act 1975. This law allows for no-fault divorce, meaning that neither party has to prove the other did something wrong. Generally, a couple can apply for a divorce if they've been separated for at least 12 months and there is no likelihood of reconciliation.
While it's possible to file for divorce without legal assistance, having a lawyer can be advantageous, especially in complex situations. These might include when there are children involved, when substantial assets need to be divided, if there's been domestic violence, or if one spouse doesn't agree to the divorce. A lawyer can provide advice, guide you through the process, and ensure your rights and interests are protected.
As per the Family Law Act in Chatswood, the only ground for divorce is an irreparable breakdown of marriage, proven by a minimum of 12 months of separation. If there are children involved, the court must be satisfied that suitable arrangements have been made for their care. Property settlement, spousal maintenance, child support, and child custody are separate matters that may need to be addressed during the process.
Under Australian law, once the divorce is filed and served, a hearing will occur no sooner than one month later. After the divorce is granted, there's a further one-month period before it becomes final.
Yes, you can still get a divorce even if your spouse doesn't agree. As long as you've been separated for 12 months and meet the other criteria, you can apply.
The division of property isn't automatic in a divorce. It's usually decided by agreement between the parties or by a court order. The division is based on what's considered 'just and equitable'.
Child custody is decided based on what's in the best interests of the child. This can be agreed upon by the parents or determined by the court if the parents can't agree.
While it's not necessary to have a lawyer, it's often beneficial, especially if your situation involves complex factors such as children, property, or disagreement between the parties.
Legal Aid NSW and the Family Court of Australia both provide resources on their websites for those seeking information on divorce and separation. These resources include factsheets, guides, and forms related to Family Law matters. For disputes involving children, the Family Relationship Centre in Chatswood can provide guidance and mediation services.
If you need legal assistance with divorce or separation, the first step is to reach out to a lawyer who specializes in Family Law. They will be able to provide the advice and support you need to navigate the process. It's a good idea to gather any relevant documents, such as financial records and details of your marriage and separation, in preparation for your initial consultation.
