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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 Australia, including North Ryde, divorce and separation are governed by the Family Law Act 1975. The law doesn't consider the reasons for the divorce, only whether the relationship has suffered an irretrievable breakdown and the parties have been separated for at least 12 months. Each party has the right to a fair financial settlement and is bound by joint legal responsibility for any children under 18.
While it is possible to file for a divorce without legal assistance, the process can be complex. A lawyer can navigate the legal process, explaining your rights and responsibilities. They can help secure your financial interests and ensure you have proper arrangements for the care, welfare and development of your children. Lawyers become especially important when the separation is contested, property needs to be divided, or there are joint financial obligations.
The key aspects of divorce and separation laws in North Ryde, Australia, revolve around the grounds of divorce, property settlements, and childcare. A divorce can only be granted if the marriage has irretrievably broken down. If there is property involved, Australian law emphasises a just and equitable distribution. The well-being of any minor children is paramount, and custody agreements are determined based on their best interests.
The law requires a minimum separation period of 12 months before you can apply for a divorce.
The division is based on contributions made by both parties during the marriage, future needs, and the idea of what is 'just and equitable'.
The court bases its decision on the best interest of the child, considering factors like parent behavior, the child's wishes, and how a change might impact the child.
Yes, but it's not recommended. A lawyer can help you understand your rights and obligations, prepare necessary legal documents, represent you in court, and negotiate agreements with your spouse’s legal representative.
Even if your spouse does not agree, you can obtain a divorce if you have been separated for at least 12 months and meet all the other criteria.
The Family Court of Australia website offers various resources, including fact sheets, forms, and guides on divorce and separation. The Australian Government's Department of Social Services provides support services like counselling and dispute resolution.
If you require legal assistance in a divorce or separation matter, the first step is to consult with a solicitor who specialises in family law. Prepare your relevant documents and be clear about what you hope to achieve from the legal proceedings.
