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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 law in Morphett Vale, Australia, guides the process and stipulations for legal dissolution of marriages and relationships. The Federal Circuit Court of Australia handles most divorce matters, and the Family Law Act 1975 is the central piece of legislation governing these issues. The law also covers property division, arrangements for children, and spousal support post-divorce or separation.
Navigating the emotional journey of divorce and separation can be overwhelming, added with the complexity of legal concepts, documents, and procedures. A lawyer provides expertise and guidance through this process, safeguards your interests and rights, and can help resolve disputes concerning property division, child custody, and financial agreements. You may also need a lawyer to mediate and negotiate favourable terms on your behalf.
The Family Law Act 1975 stipulates a no-fault divorce policy in Australia, meaning the court doesn't consider why the marriage ended. The only ground for a divorce is irreparable breakdown of marriage, which can be proved if the couple lived separately and apart for at least 12 months. The joint or individual application will then be reviewed by the court. If child custody, property division, and spousal support orders are involved, separate applications need to be lodged with all relevant facts and documents.
In Australia, it generally takes about four to six months from the time of filing for divorce until you receive the final Divorce Order. However, the exact time can vary based on your circumstances and the number of cases before the court.
While it's possible to file for divorce independently, it's generally recommended to acquire legal assistance when complex issues such as child custody and property division are involved. A lawyer can help ensure all legal matters are adequately addressed and your interests are protected.
Yes, 'separation under one roof' is recognized in Australian law, but extra information may be required to demonstrate that you live separate lives.
The Family Law Act provides for a just and equitable distribution of property. Several factors are considered, including the contributions made by both parties during the marriage and their future needs.
When making arrangements for children, the court puts the child's best interests first. This may involve joint or sole custody agreements, visitation rights, and care arrangements depending on the circumstances.
The Federal Circuit Court of Australia and Family Court websites provide detailed information about the legal process for divorce and separation. Additionally, 'The Family Law' handbook and 'Australian Divorce Law' guide offer comprehensive insights into the subject. Local organisations and community legal services often provide free legal advice and assistance.
If you require legal assistance in Divorce & Separation, start by identifying and contacting reliable local lawyers or legal assistance services. Prepare a list of all your questions, marriage details, and relevant financial information before any consultation. Engage actively in the process, keep all documents organized, and make sure to communicate openly with your lawyer.
