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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 within Devonport, Australia, are governed by the Family Law Act of 1975. Under this act, couples in Devonport can separate or divorce, providing they have been married for a minimum of 2 years. A divorce is only granted if the court is satisfied that the marriage has irretrievably broken down and there is no chance of reconciliation between the parties involved.
Experiencing a separation or divorce can be emotional, stressful, and complicated. A lawyer can provide the support you need to navigate through the legal system. They can help you understand your rights, finances, child custody issues, and property division. Legal advice is particularly necessary if the divorce situation becomes contentious, involves complex financial matters, or if you and your partner would struggle to negotiate fair arrangements independently.
In Devonport, as in the rest of Australia, you can apply for a divorce if you have been separated for at least 12 months, providing the relationship has broken down irretrievably. If you have children, you have an obligation to make proper arrangements for their care. Finances and property must be divided justly and equitably, which doesn't necessarily mean equally. It is strongly recommended that legal advice is sought to ensure fair distribution.
Yes, you can still apply for a divorce in this situation, but you might have to provide more evidence that the marriage has indeed ended.
No, you can get a divorce without your partner's consent as long as you've been separated for at least one year and the relationship has irretrievably broken down.
In cases where children are involved, the court must be satisfied that appropriate arrangements have been made for their care before a divorce can be granted.
Usually, properties and assets are divided equitably. This process, however, can be subjective, and may not always result in an equal division, hence the need for legal counsel.
Similar to assets, debts are typically divided in a manner that is just and equitable. It's important to seek legal advice to understand how this could apply to specific situations.
Resources in Devonport include the Family Relationship Centre for counselling and mediation services and the Legal Aid Commission of Tasmania for those needing legal aid services. Additionally, the Family Court of Australia has comprehensive information about Family Law, including legislation and resources for separating couples.
If you need legal assistance for divorce and separation, begin by contacting a reputable law firm in Devonport that specialises in Family Law. A solicitor will guide you through the process and represent your interests in the negotiations and, if necessary, in court. Concurrently, it might be beneficial to also seek financial advice and counselling services to support you through this difficult time.
