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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 & separation law in Loganholme, Australia, is essentially about legally ending a marriage or a de facto relationship. The law recognises both divorces and separations, with the former being an official termination of a legal marriage, while the latter is a cessation of living together, whether or not the relationship is legally dissolved.
Legal assistance can be indispensable in a wide range of scenarios. For instance, you may need a lawyer when filing for divorce or separation to ensure that all legal procedures are appropriately followed and your rights protected. Another situation could involve complex asset division or disputes regarding child custody or spousal support, where the legal stakes are high. A lawyer can also be necessary to help negotiate and formalize agreements between the separating parties, to ensure that all parties' interests are covered.
Australian law, including local law in Loganholme, requires couples to be separated for at least one year before filing for divorce. The couple must also prove that there is no likelihood of reconciliation. If there are children involved, the law requires that proper arrangements must be in place for their care and welfare before divorce proceedings can be finalized. For de facto relationships, specific time and relationship criteria must also be met before assets can be divided.
The only ground for divorce in Australia is an irretrievable breakdown of the marriage, typically evidenced by a 12 month separation period.
Yes, as long as you can demonstrate to the court that you are living 'separately and apart' under the same roof.
A de facto relationship is a relationship between two adult persons, who live together as a couple, and are not legally married to each other or related by family.
This typically involves negotiation, mediation, or, if an agreement cannot be reached, court proceedings. The final agreement should fairly reflect both parties’ contributions and future needs.
In many cases, separation will not affect your will. However, divorce usually invalidates any mention of your former spouse in your will.
Additional resources such as the Loganholme Family Relationships Centre and the local Loganholme Community Justice Centre can provide valuable support and advice. Moreover, the Family Court of Australia and Australian Government Department of Human Services websites are vital resources for understanding the legal aspects of divorce and separation in more depth.
If you need legal assistance, the first step is to compile all relevant documents such as marriage certificates, financial statements and details about property, assets, and debts. The next step is to consult a legal professional for initial advice. It is advised to seek a lawyer who specialises in family law, as they will have the best understanding of divorce and separation laws.
