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In Australia, the process for military divorce isn't vastly different from civilian divorce. In military divorces, all legal issues such as property division, parenting arrangements or spousal support are governed by the Family Law Act 1975, irrespective of the spouse’s military status. However, understanding the military lifestyle, overseas postings, deployment and how a military pension plays a part in asset distribution can add complexities which might necessitate legal assistance.
There are different circumstances in which you may require a lawyer for a military divorce. Firstly, understanding the nature of military superannuation and how it can be divided in a divorce can be complicated. Secondly, if either spouse is overseas due to military deployment, it may complicate service of divorce papers or custody hearings. Lastly, in the case of domestic violence or child abuse, legal guidance becomes vital to ensure the safety of all parties involved.
In Burnie, Australia, military divorce falls under the jurisdiction of the family law courts – the Family Court of Australia, and the Federal Circuit Court of Australia. The proceedings are guided by the Family Law Act of 1975, which provides equal consideration to both military and non-military members in matters of child custody, property distribution, and more. The Defence Force Retirement and Death Benefits Act 1973 may also apply, specifically regarding the division of military superannuation.
Yes, under Australian law, you must be separated for a minimum of 12 months before you can apply for a divorce. Even if you are living under the same roof, you can still be considered ‘separated’ legally.
Deployment does not automatically count as separation. You must establish that the relationship has ended, and you live separate lives irrespective of the physical living condition.
Any decisions about child custody or parenting orders must be made with the best interests of the child as the priority. These issues can be complex during overseas postings, and a family lawyer can provide valuable guidance.
All property, including military superannuation, can potentially be divided between the parties in divorce proceedings. The court takes into consideration many factors such as the length of the marriage, individual's earnings, and future needs.
Yes, you can give your attorney a general power of attorney which authorizes them to act on your behalf throughout the divorce proceedings.
Useful resources can be the Department of Defence, which provides information related to superannuation and pension entitlements and the Family Court of Australia, offering forms and fact sheets on family law matters. You may also seek support through Australian Defence Force welfare services or advocacy groups like Defence Community Organisation or RSL Australia.
If you're dealing with a military divorce, it may be beneficial to start by gathering all necessary documentation related to your finances, assets, children’s matters if necessary, and more. The next step should be to consult a family lawyer in Burnie who is familiar with military divorces. This can streamline the process and ensure that all relevant factors are duly considered.
