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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.
The law concerning divorce and separation in Frankston, Australia is primarily governed by the Family Law Act 1975, which treats both parties on equal footing. The courts consider factors like individuals' health, financial position, and responsibilities towards their children while settling matters of property disputes and children's custody. No-fault divorce is practiced, which means the court does not consider the reasons behind the marriage breakdown.
Engaging a lawyer can simplify complex legal procedures, ensure your rights are protected, and make the process less emotionally draining. You may particularly need legal help in cases of contested divorce, where your spouse disagrees with divorce, child custody terms, or property division. A lawyer can facilitate negotiations, represent your interests in court, and guide you correctly about the legal implications of your decisions.
The essential aspects of divorce and separation laws in Frankston are that a couple must be separated for at least 12 months before filing for divorce. If there are children involved, the court will only grant a divorce if proper arrangements have been made for their care. Property division is not automatic upon divorce and must be applied separately, and the court divides assets based on contribution and future needs, not on a 50/50 basis.
In Australia, you must be separated for a minimum of 12 months before you can apply for a divorce.
Property division is not automatic; it requires a separate application to the court and is divided based on each party's contribution to the marriage and future needs.
The court always prioritises the best interests of the child. Both parents are expected to share duties and responsibilities concerning the care, welfare, and development of their children.
Yes, you can, but it's not advised especially in complex situations involving property disputes and child custody. A lawyer can represent and advise you to make informed decisions.
You need to attend court for your divorce hearing if there are children under 18 years of age involved in the matter. If there are no children, you need not attend.
You can utilize resources such as the Australian Government's Family Court website for more information on legal procedures and forms. The Law Institute of Victoria and Victoria Legal Aid offer legal guidance and services. Reach out to local community legal centres such as Peninsula Community Legal Centre in Frankston for free legal advice.
If you require legal assistance, your first step should be to consult a lawyer specialising in Family Law. Collect all essential documents such as marriage certificates, financial records and previous legal agreements for your initial consultation. Try to resolve matters amicably before resorting to litigation. Negotiate with your partner wherever possible and consider mediation services to assist with discussions.
