Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Browse our 1 legal question about Divorce & Separation in Australia and the lawyer answers, or ask your own questions for free.
In Subiaco, Australia, just like the rest of Australia, divorce and separation law are governed by the Family Law Act of 1975. The divorce process is administered by the Federal Circuit Court of Australia. Under Australian law, a no-fault system is observed meaning that the court does not consider who was at fault for the relationship breakdown. Separation, on the other hand, is the process of living apart from your respective spouse, however, you still remain legally married until you finalize your divorce application.
Legal advice is essential in divorce and separation cases due to their complexity. Situations that may require the help of a lawyer include resolving disputes concerning division of financial resources, dealing with custody arrangements for children, and formalization of the divorce. Without proper legal guidance, you might end up making imprudent decisions that can adversely affect your rights and interests.
The key aspects of local laws in Subiaco, Australia concerning divorce and separation include: The requirement for a 12-month separation period before filing for a divorce, The need for both parties to make full and frank financial disclosure when settling financial matters, The consideration of the best interests of the child when determining custody arrangements.
Typically, a minimum of 4 weeks from the time you file your application it will be heard in court. However, the divorce doesn't become final until one month and one day after the hearing.
Separation in Subiaco is viewed as a situation where one or both parties in a relationship make the decision to separate, act on it and tell the other person. It's possible to live together in the same dwelling and still be considered separated.
After divorce, you and your former partner can agree on how to divide your property without any court intervention. If agreement is not possible, you can seek legal advice on property settlement.
Child custody matters in Subiaco are determined by the best interests of the child. The court considers factors like the child's relationship with both parents, the likely effect of any changes, and the practical difficulty of a child spending time with each parent.
Yes, you can apply for a divorce without the consent of your partner. As long as you meet the required legal grounds for divorce, your application can be processed.
The Family Court of Western Australia, Legal Aid Western Australia and Community Legal Centres WA are good resources for more information and support services. The Family Relationship Advice Line may also be beneficial for general advice and counselling.
If you find yourself in need of legal assistance in divorce or separation proceedings in Subiaco, it's recommended to find a local family law specialist. They can guide you through the process, ensure your rights and interests are upheld and that the correct procedures are followed. Keep in mind that initial consultations are generally free, providing you an opportunity to understand your situation and possible outcomes.
