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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 laws in Kingston, Australia, are largely governed by federal law, specifically the Family Law Act 1975. This Act stipulates various rules and regulations concerning separation, divorce, spousal maintenance, and the division of property. It covers both married and de facto relationships. The court emphasizes resolving disputes in a manner that protects the welfare and rights of children involved.
You may require legal help for various scenarios related to divorce and separation. These may include: if you are unable to come to an amicable agreement with your spouse about property or child custody, if there's involvement of domestic violence or child abuse, or if you or your spouse have complex financial situations. Hiring a lawyer can help protect your rights, provide valuable legal advice, negotiate effectively with your spouse, and ensure you understand all aspects of the process.
One local law that stands out in Kingston, Australia is that you need to be separated for at least 12 months before you can apply for a divorce. Secondly, couples must prove that they’ve lived separately and apart during this period. In terms of child custody, it is decided based on what's best for the child. The law encourages both parents to share duties and responsibilities concerning the care, welfare, and development of their children. Property Settlements are decided based on contribution (both financial and non-financial) of each party to the relationship.
Initially, one of the spouses files for a divorce and serves the divorce papers to the other spouse. If there are no difficulties, a divorce order comes into effect one month and one day after the divorce is granted.
A de facto relationship is when two adults live together on a genuine domestic basis, but are not married or related by family.
Yes, even if your spouse does not agree to the divorce, you can still apply to the court for a divorce.
The division of property is not automatically 50/50. It's based on a series of factors such as the financial and non-financial contributions of each party.
Child custody is decided based on what is considered to be in the best interests of the child.
It could be helpful to analyse resources such as the Family Law Act 1975. Additionally, the Family Court of Australia and the Federal Circuit Court have published guides on their websites providing detailed information related to Divorce & Separation procedures.
If you need legal assistance with divorce and separation, the first step should be to consult a family law attorney. Collect all your relevant documents including marriage certificates, property details, and any existing prenuptial agreements. Remember, it's crucial to disclose all facts to your lawyer to ensure they can provide the best advice and service to you.
