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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 Dandenong, Australia, divorce and separation law is governed by the Family Law Act of 1975. This law sets out the grounds for divorce, property arrangements after separation, and matters pertaining to child custody and support. A divorce can only be granted if the Court is satisfied that the marriage has broken down irretrievably and the couple has been separated for at least 12 months prior to filing for divorce. It's important to note that divorce and separation are two different legal concepts; while a divorce legally ends a marriage, a separation alters the relationship status while remaining legally married.
Engaging a lawyer is often beneficial in divorce or separation cases due to the complexity of the process and the emotional toll it can take. A lawyer can help in understanding and navigating the legal procedures, negotiating property division, and settling disputes over child custody and support. Furthermore, they can represent you in court if there are contested issues, and ensure your rights and interests are protected.
The local laws in Dandenong for divorce and separation stipulate that the parties should have lived separately for at least one year before filing for divorce. In custody matters, the best interests of the child are given paramount importance. Property division is based on a comprehensive assessment of both parties' assets, debts, income, and future needs. It's also crucial to understand that Dandenong, like the rest of Australia, adopts a 'no-fault' divorce system, which means the reasons for the marriage breakdown are not considered during the divorce proceedings.
In general, a divorce in Dandenong can take several months to finalise after the application is lodged. The timeframe also depends on the complexity of the case and other factors such as property settlements and custody arrangements.
Yes, you can apply for a divorce in Australia if you were married overseas, provided that you or your spouse are Australian citizens, are living in Australia and regard it as your permanent home, or ordinarily live in Australia and have done so for at least 12 months before filing for divorce.
Property division following a divorce or separation is not necessarily a 50-50 split. Instead, the division is based on ascertaining each party's current and future financial needs, their contributions (both financial and non-financial) to the relationship, and ensuring that the split is just and equitable.
Child custody decisions are guided by what is in the 'best interests of the child'. This may involve considerations of the child's wishes, their relationship with each parent, the parents' ability to provide for the child's needs, and any risk of harm or family violence.
Yes, you can choose to represent yourself in divorce proceedings, however, given the complexity and potential emotional stress associated with such proceedings, it is generally beneficial to engage a lawyer to navigate the process effectively.
Some helpful resources for those dealing with divorce and seperation include Lifeline Australia and Relationships Australia. Both offer counselling and support for people undergoing marital strife. The Family Relationships Online website and the Australian Government's Family Law Courts website both contain helpful information about family law proceedings.
If you need legal assistance for divorce or separation, consider seeking guidance from a trusted local lawyer specialising in family law. They can help you understand your rights and responsibilities, provide advice tailored to your circumstances, and guide you through each step of the process. It might also be beneficial to seek support from counselling services to help manage the emotional aspects of your situation.
