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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 Edwardstown, Australia, divorce and separation laws are defined and governed by the Federal Law of Australia. A divorce legally ends a marriage while separation involves the parting of a couple without a formal court arrangement. There are certain requirements for a divorce to be granted, including the proof that the marriage has broken down beyond repair and the couple has been separated for at least 12 months.
Legal advice may be necessary in several scenarios. First, when handling complex financial issues and property divisions. Dividing assets can be a contentious and confusing process, and a lawyer can help ensure fairness. Second, if child custody and visitation rights are involved, legal assistance is highly beneficial in defining and enforcing such terms. Lastly, if one party is being uncooperative or there are concerns about domestic violence or child safety, a lawyer's involvement is essential.
In Edwardstown, just as with the rest of Australia, the main legal aspect relevant to divorce and separation is the “no-fault” principle. This means that the court does not consider why the marriage ended. The only ground for divorce is that the marriage has irretrievably broken down. The division of property is not influenced by who caused the marriage breakdown. The court takes into account direct financial contributions (income earned), indirect financial contributions (gifts or inheritances), non-financial contributions, and future needs including age, health, financial resources, care of children and ability to earn.
In Australia, you must be separated for at least 12 months before applying for a divorce.
Yes, one person can file for divorce without the consent of the other.
Courts prioritize the best interests of the child or children involved, and this ultimately guides their decisions on custody and visitation arrangements.
Assets are divided based on considerations of each party's direct and indirect contributions, future needs, and the best interest of any children involved.
Once you submit the application, it typically takes four months for the divorce to be finalized.
Legal Aid South Australia and Community Legal Centres offer free initially legal advice and sometimes ongoing support. Citizens can also use the Australian Government's Family Relationships Online service for information and referrals.
If you need legal assistance, start by reaching out to Legal Aid, a Community Legal Centre, or a reputable private lawyer in the area. It's also helpful to gather all relevant documents, such as marriage certificates, financial records, and details of your separation.
