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Free Guide to Hiring a Family Lawyer
In Salisbury, as with the rest of Australia, divorce and separation are governed under the Family Law Act 1975. The law allows for 'no-fault' divorce, which means that the Court does not consider the reasons behind the separation. The only ground for divorce is that the marriage has broken down irretrievably and this is determined by the couple living separately and apart for a continuous period of at least 12 months.
Legal advice is valuable in a divorce or separation situation for several reasons. Logic and clear thinking can often be clouded by the emotional distress that comes with the process. A lawyer can provide unbiased guidance and can handle conduct negotiations and disputes professionally. They can ensure your legal rights and interests are protected when it comes to issues like property division, child custody, spousal maintenance, and more.
The Family Law Act 1975 stipulates that divorcing couples must be separated for a minimum of one year and one day before they can apply for a divorce. Both partners do not need to agree to the divorce; one can file the application and proceed even if the other disagrees. Child custody and property division are separate issues that must be addressed separately within two years for de facto partners or one year for married partners following the divorce.
What is the process for getting a divorce in Salisbury?
After confirming that you meet the eligibility requirements, you can file an Application for Divorce. After the papers are served to the other party, the court will set a hearing date.
How is property divided in a divorce?
Property division does not automatically split 50-50. The court evaluates each party’s contributions and needs in determining how property should be divided.
How is child custody determined?
The court’s primary concern is the best interests of the child. They consider factors such as the child’s wishes, the child’s relationship with each parent, and each parent’s willingness to facilitate the child’s relationship with the other.
Can we get a divorce if we still live in the same house?
Yes, you can also apply for divorce even if you are living under the same roof but have been separated in all other aspects of your marital relationship.
What is a de facto relationship under Australian law?
A de facto relationship exists where two people who are not married or related live together on a genuine domestic basis.
You can find more information about divorce and separation in Salisbury and wider Australia from the Family Court of Australia, the Federal Circuit Court of Australia, and the Australian Government Attorney-General's Department. Local community services and mediation centers may also provide assistance.
If you require legal assistance with divorce or separation, it is advisable to first determine what legal advice you need. It would help to make a list of questions or concerns you have and then find a reputable local lawyer with experience in family law. Schedule a consultation to discuss your situation, and don't hesitate to seek advice from more than one lawyer to find one who aligns with your needs and preferences.
