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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 Goulburn, as elsewhere in Australia, divorce is legislated under the federal Family Law Act 1975. To apply for a divorce, you or your spouse must be an Australian citizen, regard Australia as your home, plan to live in Australia indefinitely, or have ordinarily lived in Australia for at least 12 months before filing for divorce.
Separation occurs when one or both parties in a marriage or de facto relationship end the relationship. This is a necessary precursor to divorce.
Legal advice is often sought after in divorce and separation situations for a variety of reasons. A lawyer can help negotiate property and financial settlements or parenting arrangements in regards to children. If your divorce is contested, a lawyer can provide representation in court. They can also assist with drafting and filing divorce papers and with understanding your rights and obligations under the law.
Local laws in Goulburn, in line with Australian law, require a mandatory period of 12 months of separation before a divorce application can be made. Property settlements and parenting plans are ideally resolved by mutual agreement, but if disputes arise, the Family Court or the Federal Circuit Court may become involved. Spousal maintenance may be owed by one party to another under certain circumstances. Equal shared parental responsibility is usually applied for children, with the best interests of the child always considered paramount.
No. You are able to apply for a divorce without the agreement of your spouse. In cases where the divorce is uncontested, it may not be necessary for either party to attend the court hearing.
If you were married overseas, you can still apply for a divorce in Australia, as long as you or your spouse meet the necessary residency requirements.
Decisions about who takes care of the children and how property is divided are separate from the divorce process. They may be resolved by agreement between the parties or, if necessary, by court order.
Yes. Superannuation can be divided between parties when a marital or de facto relationship ends.
Yes. You must have a certificate of divorce before you can remarry.
The Law Society of New South Wales and the Family Court of Australia provide comprehensive resources about divorce and separation. For legal aid, you may contact the Legal Aid Commission of New South Wales.
If you require legal assistance with divorce or separation, seek guidance from a family law solicitor or apply for legal aid. It is essential to understand your rights and responsibilities under the law during this difficult period. Ensure that issues regarding children, property, and financial matters are discussed and resolved as amicably and legally as possible.
