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Free Guide to Hiring a Family Lawyer
Maylands, Australia Attorneys in related practice areas.
Family law in Maylands, Australia, encompasses a wide range of issues including marriage, divorce, child custody, spousal support, domestic violence, and adoption. The Family Court of Western Australia has jurisdiction over these cases in Maylands. It strongly promotes dispute resolution methods like mediation before proceeding to litigation.
Legal circumstances requiring a family lawyer are as varied as family circumstances themselves. You may need a family lawyer in case of divorce or separation, division of property, domestic violence, child custody disputes, or even prenuptial agreements. A good family lawyer can provide guidance and representation to ensure your rights are respected.
Family law in Maylands, and Australia in general, is governed by the Family Law Act of 1975 and the Marriage Act of 1961. Key aspects include the "no-fault" divorce principle, property division being decided on the basis of contribution, and the best interests of children being paramount in custody decisions. Domestic violence is taken very seriously, and laws are in place to protect victims and survivors.
Typically the entire process, from the application to the finalization of a divorce, can take at least 4 months. However, complex cases, especially those involving property disputes or child custody, can take much longer.
While both represent the end of a relationship, divorce formally ends a marriage while legal separation does not. After legal separation, you are still legally married, but live separately and can't remarry.
Courts prioritize the best interest of a child in custody decisions. Factors considered include the child's age, health, emotional ties, and the parents' ability to provide care and stable environment.
Property division is based on a holistic evaluation of each party's contribution to the property. Both financial and non-financial contributions are taken into account.
Prenuptial or binding financial agreements are legal in Australia, and can be made prior to, during, or after a marriage has ended. They can be useful to safeguard assets in the event of a breakup.
The Family Court of Western Australia and the Department of Communities provide resources and support services for those dealing with family law issues. Various community legal centres and associations, such as the Women's Law Centre and the Aboriginal Legal Service, provide free legal services for eligible individuals.
If you need legal assistance, start by contacting a reputable family lawyer or legal aid organization. It's essential to gather all relevant documents and be prepared to discuss your situation in detail. Remember, each case is unique, proper legal advice necessitates understanding the full context of your situation.
