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Divorce is a structured legal process that requires comprehension of the relevant requirements and available support services. Individuals must navigate a legal framework encompassing aspects such as separation, child custody, and property division.
Are you eligible for Divorce?
To file for divorce in Australia, couples must have been separated for at least 12 months, signaling the irretrievable breakdown of the marriage. For those living under the same roof during separation, additional evidence may be needed to demonstrate the end of the marital relationship. The Family Law Act 1975 includes provisions for short marriages, necessitating at least one counseling session with a registered family counselor before divorce can be granted.
- 12-Month Separation Requirement: Essential before filing for divorce.
- Living Arrangements: Considerations for couples residing together during separation.
- Counseling for Short Marriages: Required sessions for marriages under two years.
How do I get Divorced?
The process begins with submitting an application to the Federal Circuit Court of Australia, including required forms and documentation, such as a marriage certificate and evidence of separation. The court reviews the application and may schedule a hearing to ensure criteria are met. If approved, a divorce order finalizes the dissolution of the marriage. Individuals should comply with legal requirements for asset division and custody arrangements post-divorce.
- Filing the Application: Necessary documentation and processes.
- Court Hearing: Expectations during the hearing.
- Finalising the Divorce: Steps to ensure post-divorce legal compliance.
What to consider when going through Divorce?
We understand that navigating a divorce can be challenging. With offices across Sydney, our expert divorce lawyers are equipped to assist you, whether your case is straightforward or involves complex issues. We are dedicated to providing the support you need, no matter the circumstances.
Child Custody Considerations
Child custody is prioritised with the child’s best interests at heart. The Family Law Act 1975 encourages collaborative parenting arrangements. Mediation is often the first step, helping parents reach agreements. In contested cases, the court considers factors such as the child’s age and relationship with each parent. The court may appoint a family report writer to assess family dynamics, including the rights of grandparents and significant caregivers.
- Best Interests of the Child: Key factors in custody decisions.
- Mediation Services: Role of mediation in resolving disputes.
- Family Dynamics: Consideration of all relevant parties.
Property Division
Property division, governed by the Family Law Act, requires fair distribution of assets and liabilities acquired during the marriage. The division considers the marriage length, each party’s contributions, and future needs. Full disclosure of assets and liabilities ensures transparency. The court evaluates both direct and indirect contributions, as well as future financial needs.
- Fair Division of Assets: Legal framework for property settlements.
- Types of Contributions: Assessment of financial and non-financial contributions.
- Future Needs Assessment: Factors influencing financial requirements post-divorce.