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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 Preston, Australia, like the rest of the country, divorce and separation law is under the jurisdiction of the federal government, specifically handled by the Family Court. This means that the regulations and proceedings for divorce apply uniformly across the country. Legal processes relating to divorce and separation can be complex and emotionally draining. They primarily involve the dissolution of marriage, division of property, and provisions for childcare and financial support.
There are several situations where you might require legal help concerning divorce and separation. Whether it's to navigate the complex legal system, to understand your rights and responsibilities, or to advocate for your needs during property settlements and child custody agreements, a skilled lawyer can provide much-needed guidance and support. Moreover, having a lawyer can ease any emotional stress by making sure each step is handled professionally and accurately.
Divorce in Preston, Australia, operates under a ‘no-fault’ regime as per the Family Law Act of 1975. Neither party needs to prove wrongdoing on the other's part. The only ground for divorce is irretrievable breakdown of the marriage, evidenced by 12 months of separation. Crucially, the division of property and finances, and child custody issues, don't influence whether a divorce will be granted, they are handled separately. Moreover, the law strongly encourages individuals to reach agreements about parenting arrangements and property division, ideally outside of court.
As per Australian law, there is a mandatory 'separation period' of 12 months before you can file for divorce.
Yes, in fact, post-separation property settlements are usually arranged well before a divorce is finalised.
No, one spouse's refusal to divorce does not stop the other from filing to end the marriage. Marriage breakdown is a unilateral act.
Shared assets are typically divided in a way that is 'just and equitable'. Factors such as the contributions made by each party during the marriage and their ongoing needs are considered.
The law regards children's best interests as paramount. Courts consider children's welfare, physical and mental wellbeing, and relationships with parents while deciding on custody.
There are several resources available for those going through divorce proceedings or separations:
If you need legal assistance in relation to divorce or separation in Preston, Australia, your first step should be to seek professional advice. This could include contacting Legal Aid, a local law firm specialising in Family Law, or mediation services. Remember, it's essential to know your rights and responsibilities to protect your interests and those of your children in these situations.
