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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.
Divorce and separation law in Hurstville, Australia is governed by the Family Law Act 1975, which provides the grounds for divorce, division of property, and arrangements for children. To apply for a divorce, you must prove to the court that your marriage has broken down irrevocably and there is no chance of reconciliation. The application process can be complex, and the emotional stress involved can be overwhelming. It is therefore critical to understand your rights and obligations in such situations.
You may need a lawyer to assist you during divorce or separation for numerous reasons. This includes negotiating property settlement, understanding and asserting for your rights over child custody, making formal agreements, and representing you in court if needed. Legal professionals will help you navigate through the complex family law system, ensuring your interests are protected. They also provide guidance through emotional stress, helping you to make informed decisions about your future.
In Hurstville, Australia, the law outlines that the only ground for divorce is irretrievable breakdown of the marriage, evidenced by a 12-month separation. If there are children involved, the court needs to be satisfied that proper arrangements have been made for their wellbeing. Property settlements are decided considering the direct and indirect financial contributions of both parties, along with child-rearing and homemaker contributions. Family law also acknowledges defacto relationships and its breakups, providing similar rights and obligations as a legal marriage.
In Australia, after the divorce is filed and served, it usually takes approximate four months to finalise. However, the circumstances of each case can affect the timeframe.
Yes, you can still get a divorce if you’re living under the same roof but it may require additional evidence to prove that the marriage has irretrievably broken down.
There is no 'legal age' as such. Generally, the court gives more weight to the views of children as they get older but considers their maturity as well.
There is no fixed rule for property division. It depends on the court's assessment of each spouse's direct and indirect contributions to the property, and future needs.
The cost of divorces varies depending upon whether you’re doing it yourself or using a lawyer, taking it to trial, any disputes over property or children, etc. Court filing fees also apply.
You can find more information about divorce and separation law in the Family law section of the Law Council of Australia's website and through the government-run Family Relationship Advice Line. Also, non-party organisations like Relationships Australia provide counselling and information services which can be helpful.
If you are seeking legal advice for divorce and separation, reach out to a local family lawyer for a consultation. Most law firms offer the initial consultation for free, during which you can discuss your circumstances and understand the possible legal pathways. Prepare ahead by listing out all your questions, and gathering all relevant documents such as details of financial assets, marriage certificate and identification proofs. Don't rush through, take your time to find a trusted lawyer who understands and respects your unique situation.
