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Free Guide to Hiring a Family Lawyer
In Brisbane, Australia, divorce and separation law is managed under the Family Law Act 1975. This law requires the irretrievable breakdown of marriage as the sole ground for divorce. To establish this, couples are generally mandated to live separately and apart for a period of at least 12 months. It's important to note that even couples who live under the same roof can be considered 'separated' under this law if they live separate lives.
Various reasons warrant the services of a lawyer in divorce or separation proceedings. Lawyers can help negotiate child custody arrangements, division of property, and spousal maintenance. Unraveling joint finances and understanding legal rights can be challenging and emotionally draining. Having a dedicated professional in your corner can streamline the process and ensure your rights are protected.
Local laws emphasize equitable division of property and assets among separating parties. However, division doesn't necessarily mean a 50/50 split. Factors such as financial contributions, non-financial contributions, future needs, and the parties' current situation are taken into consideration. Child custody is guided by the "best interests of the child" principle, and parents are encouraged to agree on parenting arrangements if possible, although the court can make decisions if necessary.
Do I have to wait until I'm divorced to settle our property?
No, property settlement can be initiated as soon as you separate from your spouse or partner.
Can I get a divorce if we've been separated but share the same roof?
Yes, even if you're residing in the same dwelling, if you're living separately and apart you can still apply for a divorce.
How is child custody determined?
Child custody is determined by examining the best interests of the child. This includes the child's relationship with each parent, likely effects of any changes, practical difficulties in spending time with each parent, and many more factors.
What if we reconcile but later decide to proceed with the divorce?
If you reconcile for less than 3 months total, the 12 month separation period doesn't need to be restarted. But if you reconcile for more than 3 months, a new 12 month period will need to start.
Can we use the same lawyer?
Due to potential conflicts of interest and ethical rules, the same lawyer cannot represent both parties in a divorce.
The Family Court of Australia has numerous resources available for individuals seeking a divorce. For free family law advice, you can reach out to the Legal Aid Queensland. For counseling and emotional support, services such as Lifeline and Relationships Australia can be useful.
If you are seeking legal assistance in divorce or separation, your first step should be identifying and appointing a reliable family law attorney. Then, gather all necessary personal and financial documents and prepare for an initial consultation. It's also beneficial to list out any questions or concerns you may have to discuss with your attorney during your first meeting.
