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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 Maylands, Australia, the law surrounding divorce and separation falls under the Family Law Act of 1975, which covers not only the termination of marriages but also matters related to children and property. An important note is that there is no requirement to be legally separated before getting a divorce. The only requirement is that a couple must be separated for a total of 12 months before they can file for divorce.
Legal representation is often needed when matters such as child custody, division of property and debts, and spousal support come into play during a divorce or separation. Navigating these matters can be complex and emotionally taxing, and having a lawyer can ensure that you understand your rights and have someone advocating for your best interests. Lawyers can provide guidance, support, and advice during this difficult time to ensure a fair and equitable outcome is reached.
In Maylands, and throughout Australia, parties are required to have been separated for 12 months before filing for divorce. Legal separations do not require a court order, but you may want to have a lawyer draw up an agreement. If married less than two years, couples must either attend counselling or receive the court's permission to file for divorce. For issues related to property, there isn't a specific time limit, but it is usually beneficial to sort it out as soon as possible after separation or divorce. The court considers what is in the child's best interest when making orders about children. Both parents are responsible for their children, and the court believes it's usually in the child's best interest to have a relationship with both parents unless there is some risk.
No, you don't require your partner's agreement to get a divorce. You need to serve the divorce papers on them, and if they don't respond within the given time frame, the court can grant the divorce.
The division of property is dependent on a range of factors including the contributions each party made, the future needs of each party, and the fairness of the proposed division. It's not necessarily a 50-50 split.
This refers to a situation where a couple is living in the same house but has ended their marital relationship. It is possible to be legally 'separated under one roof'.
You can make parenting arrangements through a private agreement or through the court. It's usually best to try and agree outside court where possible, but in some cases, court intervention may be needed.
Yes, you can decide to go back to your maiden name at any time. You can change your name on personal documents such as your driver's license and passport by providing your marriage and divorce certificates.
The Family Relationship Advice Line provides information on family relationship issues and advice on parenting arrangements after separation. It can also refer callers to local services that can provide assistance. The Australian Government website also provides a range of materials on family law and separation.
If you need legal assistance with a divorce or separation, reach out to a local family lawyer in Maylands. Having a consultation can help you understand your options and decide the next steps. Remember to gather all relevant documents before meeting with a lawyer.
