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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.
Much like the rest of Australia, divorce and separation law in Forster follows the guidelines of the Family Law Act 1975. It operates under a no-fault divorce system, meaning neither spouse has to accuse the other of wrongdoing to apply for a divorce. The only ground for divorce is that the marriage has broken down irreparably, which can be proven by living separately and apart for at least 12 months.
Although it's possible to apply for a divorce without legal representation, matters can become complex when it involves child custody, division of property, and financial support. A lawyer's guidance can ensure a fair resolution of these issues as well as compliance with all necessary legal procedures involved in divorce and separation proceedings.
The relevant divorce law in Forster includes a mandatory period of separation, being at least 12 months, before a couple can apply for a divorce. When managing the division of assets and child custody, courts adhere to the principle of 'just and equitable' outcomes. This principle considers the needs and welfare of the children along with each party’s assets, income and financial resources, future requirements, and any financial agreements previously made between the parties.
In Forster, the divorce process can take four months or more from the date of filing to when the divorce order becomes final, provided there are no issues that need to be resolved in court.
Yes, one spouse can file for divorce even if the other does not agree. As long as the ground of irreparable breakdown of marriage is satisfied, the divorce can proceed.
If there are no children under 18 years from the marriage, you are not required to attend the court hearing. However, if there are children of the marriage under the age of 18, and you filed the application as an individual, you will need to attend.
This means the court orders a division of property that it considers fair and balanced, taking a variety of factors into account including income, property, financial resources and the needs of any dependent children.
Yes. The Family Law Act strongly encourages shared parental responsibility. The court will aim to make decisions that are in the best interests of the child, and this may include shared custody arrangements.
The Family Court of Australia and the Federal Circuit Court of Australia are resources that offer guidelines and necessary forms for divorce proceedings. The Australian Government’s Family Relationships Online site is another helpful portal for information on family law and disputes.
If you require legal assistance for a divorce or separation in Forster, start by seeking consultation with a family lawyer who can guide you through the process. They can help to evaluate your individual situation, provide advice on your rights and responsibilities, and negotiate on your behalf for division of property or child custody matters. Legal Aid NSW and the NSW Law Society can help you find local legal practitioners specialized in family law.
