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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 Melbourne, governed by the Family Law Act 1975, provide the legal framework for the dissolution of marriage or de facto relationships. The law encompasses areas such as divorce, property distribution, child custody, spousal support, and more. The court does not consider who is at fault in the breakdown of the relationship. Instead, the sole ground for divorce is an irretrievable breakdown of the relationship, evidenced by a 12-month separation period.
Navigating the complexities of legal separation or divorce can be challenging without assistance. Lawyers can provide guidance on entitlements, potential outcomes, and the legal process. Situations where you might need a lawyer include disputes over property or finance, disagreements over child custody, or if your case ends up in court. A lawyer can also help draft agreements, ensure your rights are protected, and present your case effectively to the court.
In Melbourne, a couple can file for divorce after being separated for 12 months. Same-sex divorces are also recognized. Both parents have equal parental responsibility unless a court order changes this. The court makes all decisions regarding children's welfare based on what is in the child's best interests. Property settlements consider both parties' financial and non-financial contributions, future needs, and aim to achieve a just and equitable outcome.
1. When can I file for divorce? You can file for divorce after you and your partner have been separated for at least 12 months and there is no chance of resuming married life.
2. How is child custody determined? Child custody is determined based on the best interest of the child. This can include considering the child's relationship with each parent, the views of the child, the effect of changed circumstances on the child, and each parent's ability to provide for the child's needs.
3. How are property and financial assets divided? The division of property and assets is based on contributions made by each party (financial and non-financial), future financial needs, and the goal of reaching a fair and equitable settlement.
4. Can I get a divorce without my partner's agreement? Yes, you can get a divorce if you have been separated for more than a year, even if your partner does not agree to the divorce.
5. How long does the process usually take? After filing, a divorce is usually finalised in 4 months. Property and child custody matters may extend this timeframe if not agreed upon.
The Australian Government’s Attorney General’s Department and the Family Court of Australia provide useful information and resources on divorce and family law matters. Legal Aid Victoria and community legal centres can provide free legal advice and assistance. Relationships Australia also offers support for personal and family issues.
If you require legal assistance with divorce and separation issues, consider seeking advice from a legal professional. They can guide you through the process, explain your rights and responsibilities, and help achieve the best outcome for your situation. Contact a local law firm, community legal centre, or Legal Aid Victoria to begin your journey with knowledgeable support.
