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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 are significant life transitions. In Liverpool, Australia, these matters are governed by the Family Law Act 1975. In a divorce, a court officially ends a marriage and allows both individuals to remarry. Separation, on the other hand, is when a couple lives apart but has not legally ended their marriage. This may be part of a process leading to divorce or a stand-alone arrangement.
Legal advice is recommended throughout the divorce or separation process due to its complexity and potentially drastic impact on your life. Lawyers can help with understanding your rights and responsibilities, identifying and dividing assets and debts, and advising on matters related to child custody and support. Seeking legal help can ensure the proper legal procedures are followed, your interests are protected, and potential disputes are managed efficiently.
In Liverpool, a couple can apply for a divorce after they have been separated for 12 months. To file for a divorce, at least one partner must regard Australia as their home and be an Australian citizen by birth, descent or by grant of Australian citizenship, or lawfully live in Australia and have done so for 12 months immediately before filing for divorce. Also relevant is Australia's "no-fault" divorce system, meaning the court does not consider which partner was at fault in the marriage breakdown.
1. How long does a divorce take? Typically, a divorce will take four months to finalise after it has been filed with the court.
2. Can I oppose a divorce application? You can only oppose a divorce application on certain grounds, such as if you have not been separated for at least 12 months, or if the court does not have jurisdiction.
3. How is property divided? Assets and debts are divided based on factors including the direct and indirect contributions to the marriage and the future needs of each partner.
4. How is child custody determined? Child custody is based on the best interests of the child, not on the parents' interests or desires.
5. Do I need my partner's permission to get a divorce? No. Australia's no-fault divorce system means you do not need your partner's agreement or permission to apply for a divorce.
The Australian Government's Family Court website and The Legal Aid Commission of New South Wales in Liverpool are good resources to get started with gaining understanding of the legalities of a divorce and separation process.
If you need legal assistance, consider contacting a lawyer specialising in Family Law. Ensure to gather all necessary documents, including marriage certificates, and details about your finances and property. If applicable, have information about your children and their needs ready as well.
