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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 Essendon, Australia, divorce and separation denote the formal ending of a marriage. The law is governed by the Family Law Act of 1975 and managed federally by the Family Court of Australia. While separation marks the breakup of a de facto relationship or marriage, divorce is the legal dissolution of the marital bond. Partners can be separated but still legally married. However, being divorced means the marriage has been legally dissolved, and both partners are free to remarry. Both processes involve legal issues like custody of children, property, and financial settlements which can be complex.
Hiring a lawyer can be essential in navigating through the potentially complex divorce or separation process. A seasoned divorce lawyer in Essendon can assist you in understanding your rights and responsibilities, property division, handling child custody agreements, spousal maintenance issues, negotiating settlements, and guiding you through court procedures if necessary. They can represent you skillfully, ensuring that your interests are protected and that the process’s difficulties are minimized.
Local laws specific to Essendon, Australia primarily follow the Family Law Act. A key point in the Act is that Australia has a no-fault divorce system, meaning that you only need to prove separation for 12 months and one day with no chances of reconciliation. The division of property isn't necessarily a 50-50 split but rather considered based on contribution and future needs. Parenting matters are determined by 'the best interest of the child'. Consent orders, settlement agreements, and binding financial agreements are legal documents used in these proceedings and must be carefully structured to be enforceable.
Yes, you can file for divorce in Australia if either you or your partner regard Australia as your home and plan to live indefinitely in Australia and are an Australian citizen or resident, or, if you both have lived in Australia for at least one year before filing the divorce.
The divorce process typically takes about four months. However, it can be longer if there are complications such as disputes over property, finances or children.
While it is possible to manage your divorce, it is generally recommended to have a lawyer, especially if your divorce involves children or considerable assets.
Child custody is determined based on the best interests of the child. The court considers various factors, such as the child's relationship with each parent, the willingness of each parent to support the child's relationship with the other, and any issues of violence or abuse.
Asset division isn't necessarily 50-50. It's based on each party's contribution and future needs, considering elements like who cared for the children, who contributed more financially, health, and future earning capacities.
You may find the Family Court of Australia's website and the Australian Government's official website valuable for additional information about divorce and separation laws. The Victoria Legal Aid is another resource that offers free legal advice for family, divorce and separation matters.
If you require legal assistance with divorce or separation, the first step is to choose a lawyer who specializes in family law in Essendon. After evaluating your circumstances, they will advise you on how to proceed, including negotiations, mediation, or court proceedings. Remember to gather all relevant documents such as marriage certificates, financial documents, and anything else your lawyer recommends.
