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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 Mount Waverley, Victoria, Australia falls under the jurisdiction of Australian Family law. It addresses all the legal matters that arise from family conflict including the dissolution of marriage or de facto relationship, child custody, property settlement, and spousal maintenance. It is purposefully designed to orient towards non-adversarial resolution methods, such as mediation and collaborative law wherever possible.
A lawyer specializing in divorce and separation can offer crucial guidance when navigating through this emotionally challenging and complex process. Common situations where you may need a lawyer include, but are not limited to:
1. When your divorce or separation involves complex property division, especially ownership disputes and assets accrued before marriage.
2. If there are children involved, and there are disagreements over custody, visitation rights or child support.
3. If one spouse is unable or unwilling to participate in the separation agreement negotiations.
4. If there is a need for spousal maintenance or alimony post-separation.
5. If your spouse has already engaged their own attorney.
In Mount Waverley, Victoria, the divorce and separation laws mandate a separation period of at least 12 months before filing for a divorce. The applicant must have an intention to separate permanently. Furthermore, Australian law operates under a ‘no-fault’ divorce system, meaning the court does not consider who is at fault for the end of the marriage. In matters of child custody and property settlement, the law aims to ensure a just and equitable outcome considering the best interests of the child and financial contributions of both parties.
The divorce process usually takes four months from the time of filing to the issue of the divorce order by the Family Court of Australia.
Yes, under Australian law, you can apply for a divorce without your partner's consent as long as the requirements of a 12-month separation period are met.
Even when matters are resolved amicably, it is still advised to have a lawyer to prepare binding legal documents to avoid any future disputes.
Joint assets are usually dealt with through a process of property settlement. This considers numerous factors such as the earnings capacity of each party, their financial contributions, and obligations towards the welfare of children if any.
Child custody is determined based on the best interests of the child. It may include joint or sole custody, visitation rights, and responsibilities for important decisions about the child.
Relevant governmental bodies and organizations which provide assistance include the Family Court of Australia, Legal Aid Victoria, the Law Institute of Victoria, and local community legal centers.
If you require legal assistance with divorce and separation, start by seeking advice from a reputable Family Lawyer within your local area. They can provide a clear understanding of the process, your rights, possible outcomes, and associated costs. Make sure you have all relevant documents ready such as marriage certificates, financial records, and any existing agreements or ‘pre-nups’.
