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Free Guide to Hiring a Family Lawyer
Southport, Australia Attorneys in related practice areas.
Family Law in Southport, Australia primarily pertains to legal matters relating to Family issues such as divorce, child custody, spousal maintenance, property settlement and more. The legal norms, applications, and court procedures fall under the jurisdiction of the Family Law Act 1975, and are applied accurately in Southport. The local court dealing with such matters in Southport is the Federal Circuit Court of Australia, or the Family Court of Australia in certain complex family matters.
Getting involved in family disputes or complexities is often emotive and challenging. Several situations might warrant the need for a lawyer specializing in Family Law: 1. Divorce proceedings: To understand and navigate the law, paperwork and court procedures. 2. Child custody and support: To ensure the child’s best interests are upheld. 3. Property settlement: To attain a fair division of assets and debts after separation. 4. Spousal maintenance: To ascertain the monetary support one spouse must provide to the other after separation or divorce.
In Southport, Family Law goes by the Federal law of Australia. Key aspects include: 1. No-Fault Divorce: Australia follows a 'no-fault' divorce system, which means there's no need to confirm reasons for the breakdown of a marriage. 2. Child Custody: The central factor is the child's best interests, often including a relationship with both parents. 3. Property Settlement: The division isn't always 50/50; it depends on several factors like financial contributions, future needs etc. 4. Spousal Maintenance: It isn't automatically granted, relying instead on whether one party can't support themselves.
1. Do I need a lawyer to get a divorce?
Although not necessary, a lawyer can be immensely helpful in understanding the law, clarifying doubts, and ensuring fair proceedings.
2. How long does a divorce take?
Under Australian law, once the divorce application is filed, the final hearing generally takes place after about three months.
3. How is child custody determined?
The primary concern is the child's best interests. Factors like parents' attitude, child's views, and more are considered.
4. How is property split after a divorce?
The law considers various factors like financial and non-financial contributions, future requirements, and more. The split is not always equal.
5. Can spousal maintenance be modified?
Yes, if there's a significant change in circumstances, the existing order can be modified.
Family Relationship Centres and Community Legal Centres can provide initial advice and mediation services. The Family Court and Federal Circuit Court websites also offer comprehensive resource sections and fact sheets concerning various aspects of Family law.
If you require legal assistance on Family matters, consider consulting a professional family lawyer. Gather all essential documentation relating to your situation for your meeting. Be open and clear about your issues to allow the lawyer to provide suitable guidance.
