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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 regarding divorce and separation in Australia is primarily covered by the Family Law Act of 1975. It allows for no-fault divorce, meaning neither party has to assign any blame, and it is enough to prove that the relationship has irrevocably broken down. There is a requirement to live separately for 12 months before applying for a divorce.
Divorce or separation can be a complex process and involves various areas – from property distribution to child custody. Hiring a lawyer is beneficial in understanding your rights, interpreting law complexities, ensuring fairness in property division, or when coping with any contesting, abuse, or manipulation situations. Furthermore, lawyers can assist in negotiations regarding child custody and support.
As specified by the Family Law Act, separating couples in Gordon, Australia, must have been separated for at least a year before filing for divorce. They should also provide for their children's needs, especially under 18 years, and discuss division of property and assets. These matters will be legally validated through Family Dispute Resolution or through Family Courts when an agreement is not reached.
Generally, a divorce application takes about four months from filing to finalization given that the process proceeds without any significant disputes.
While it's possible to file for divorce without legal representation, it's generally not advised due to the potential complexities and legalities involved in the process.
Even under one roof, if you can prove that you led separate lives, the one-year separation requirement for divorce can still apply.
Property division is influenced by numerous factors, including the duration of the marriage, each party's financial contributions, and future needs. The law stipulates a just and equitable division.
Child custody is determined based on what is deemed to be in the best interests of the child. This typically includes regular and continued contact with both parents, unless there are circumstances like family violence or abuse.
You may find it beneficial to reach out to Legal Aid Australian Capital Territory, The Family Court of Australia, and Relationship Australia, as they can provide resources, advice, and support throughout the process.
If you require legal assistance in divorce and separation, it would be wise to start researching and reaching out to family lawyers based in Gordon, Australia. They can guide you through this complex process, ensuring your rights are protected, and help you navigate through this emotionally challenging time as seamlessly as possible.
