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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.
The Divorce and Separation laws in Rockingham, Australia, are governed by the Family Law Act 1975, applicable nationwide. It established the principle of no-fault divorce, which means that a court does not consider why the marriage ended. This law also outlines the conditions for divorce, child custody, property distribution and spousal support.
Divorce and separation can become complicated due to various factors such as property, children, and finance. A lawyer can help navigate the legal processes, protect your interests, advise on potential effects on joint assets and debts, calculate child support, and ensure a fair distribution of marital assets. A lawyer can also provide necessary emotional detachment during this challenging time and make sure your decisions are legally sound and in your best long-term interests.
In Rockingham, a couple can file for divorce after they've been separated for at least 12 months. Under Australia's 'no fault' divorce principle, divorcing couples don't need to prove anyone was at fault for the dissolution of the marriage. Issues of child custody and property settlement are usually dealt separately from the divorce application and can actually occur without proceeding to divorce. Family Dispute Resolution (mediation) is a required step before going to court for parenting orders.
There is no set rule on division of property and it depends on individual circumstances. The court considers several factors such as financial and non-financial contributions of both parties, current and future financial needs, and the length of the marriage. It's always best to reach an agreement without court intervention.
The best interest of the child is the main consideration. Often, the court promotes shared responsibilities, allowing both parents to be involved in their child's life. Several factors are considered including the child's relationship with each parent, the effect of change, the parents’ attitudes towards the child and responsibilities, among others.
Yes, you can apply for a divorce online through the Commonwealth Courts Portal. This is often more convenient, and also allows you to track the status of your application.
After the filing, there is a minimum waiting period of one month. If all paperwork is in order, a divorce hearing date will be set. If the divorce is unopposed, it will usually become final one month and one day after the hearing.
If you reconcile, you can apply to the court to have the application dismissed. If you've already been granted a divorce, you have within 28 days from the day it took effect to appeal.
Additional resources include the Family Court of Western Australia and Legal Aid Western Australia, which offer useful information and advice concerning Family Law matters, mediation services, and access to solicitors experienced in divorce and separation legal matters.
If you're considering divorce or separation, reaching out to a family lawyer is a crucial step. They can guide you on your legal rights and obligations, explain the process, and represent you if a court appearance becomes necessary. Hiring a lawyer with a sound knowledge of local divorce and separation laws within Rockingham would be most beneficial.
