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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 Gosford, Australia, Divorce and Separation Law falls under Family Law regulated by the Family Law Act of 1975. This act guides the process of getting a divorce, asset division, child custody, and spousal support. It allows for no-fault divorce, meaning spouses can apply for a divorce without proving any wrongdoings. The primary requirement is that the marriage has broken down irretrievably and the couple has lived separately for a minimum period of 12 months.
Divorce and Separation processes can be complex, emotionally draining, and legally intricate. You may need a lawyer for various reasons such as to understand your rights and responsibilities, protect your interests during assets partition, develop a parenting plan if you have children, and deal with domestic violence issues. A lawyer can also guide you on how to structure your will following a separation. Furthermore, a lawyer's guidance can be beneficial in negotiation or court proceedings, if necessary.
Asset division is not necessarily an equal 50-50 split in Gosford; instead, a court will consider multiple factors like financial contributions, non-financial contributions, future requirements, etc. Determination of child custody is always based on the child's best interests. The court encourages parents to agree on parenting arrangements. If a couple is unable to arrive at a mutual agreement, they may need to attend Family Dispute Resolution before they approach the court.
The divorce process usually takes around 4 months from the time of filing the application to when the divorce is granted.
Attendance is generally not required if the divorce application is joint, or if there are no kids under 18. In other cases, your presence may be necessary.
A divorce is not final until one month and one day after it has been granted. Only after this can you legally remarry.
Custody decisions are usually made between the parties, but if an agreement cannot be reached, the court will determine the arrangement in the child's best interests.
The division of assets is based on a wide range of factors such as financial contribution, non-financial contribution, and future requirements. It does not presuppose an equal split.
The Family Court of Australia provides numerous resources, including Do-it-yourself kits, to navigate the divorce process. In Gosford, the Legal Aid New South Wales provides free legal services. The Family Relationship Advice Line can provide information on family relationship issues and services available to assist.
If you need legal assistance in the area of Divorce and Separation, you should seek professional legal advice right away. Find a lawyer who is specialised in Family Law. Also, remember to garner as much information about your financial situation as possible, as this will be crucial in the subsequent stages of your divorce.
