The Australian divorce and family law system are designed to help couples who have decided to divorce or end their relationship. More importantly, the system can help children and families who are affected by divorce or separation.
The Australian divorce law is based on the belief of no-fault divorce. This means that a divorce can be granted even if neither party is at fault. The Family Court of Australia can grant a divorce if it is satisfied that there has been an irretrievable breakdown of the marriage and that there are no reasonable prospects for reconciliation.
Under Australian family law, both married and de facto couples (including same-sex couples) have equal rights and obligations. Couples who have separated or divorced have different rights and obligations depending on their relationship status.
But, the Australian divorce law and family law are complicated to handle. Without proper guidance, it is very difficult to understand these laws. Therefore, knowing the basic concepts of the family law rules is very important so you can protect your interests and the interests of your loved ones. Also, it is always advisable to seek the help of a qualified lawyer like us at Madison Marcus to help you navigate through the legal process and protect your rights.
How Does Family Law Work in Australia?
Under Australian family law, both married and de facto couples (including same-sex couples) have equal rights and obligations. Couples who have separated or divorced have different rights and obligations depending on their relationship status.
Several laws cover family relationships in Australia. These laws are administered by the federal government through the Attorney-General’s Department.
Family Law Act 1975
The main law that covers family relationships is the Family Law Act 1975. It sets out the rules and procedures that apply to divorces and separations, including property settlements and arrangements for children.
The Family Law Act 1975 also provides for the creation of binding financial agreements. Binding financial agreements are legally enforceable contracts that can be used to resolve property and financial matters between couples who are separating or divorcing.
Marriage Act 1961
The Marriage Act 1961 sets out the rules and procedures that apply to marriages in Australia. It is administered by the federal government through the Attorney-General’s Department. It also sets the rules of who is eligible to marry, who may perform the wedding ceremony, how it should be done and where and when it can be held.
Child Support Act 1988 and Child Support Act 1989
The Child Support Act 1988 sets out the rules and procedures for how child support is calculated, paid and collected in Australia. It is administered by the federal government through the Department of Human Services. Moreover, the Child Support Act 1988 applies to both married and de facto couples, as well as same-sex couples.
How Long Do You Need To Be Separated Before Divorce in Australia?
Under the Australian family law rules, you need to be separated for 12 months before you can apply for divorce. These 12 months are known as the separation period. During this time, you and your ex-partner do not need to live in separate houses. However, you will need to prove to the court that you have been separated for this time.
You can do this by providing a copy of your separation agreement or by providing evidence that you and your ex-partner no longer live together as a couple (e.g. changed bank accounts, bills in separate names, etc).
What Is Your Wife Entitled to IN a Divorce in Australia?
Property settlement in Australia is generally based on the notion of equitable distribution. This means that the court will divide the property between the parties in a way that is fair but not necessarily equal.
The court will take into account many factors when determining how to divide the property, including:
- The financial and non-financial contributions made by each party to the relationship
- The future needs of each party, including the need for financial security and housing
- The impact of the divorce on the earning capacity of each party
- The length of the marriage
- The age and health of each party
- Any prior marriages or relationships.
In some cases, the court may also consider any instances of domestic violence or financial abuse.
Once the court has taken all of these factors into account, it will decide on how to divide the property. This decision is known as a property settlement.
In most cases, the property settlement will be made by consent order. This means that the parties have agreed on the terms of the settlement and have filed this agreement with the court.
If the parties cannot agree on the terms of the property settlement, the court will decide after hearing both sides. This is known as a contested property settlement. A contested property settlement can be very costly and time consuming. It is always advisable to try and reach an agreement with your ex-partner before going to court.
How Madison Marcus Can Help You
If you find it difficult to deal with your divorce papers or go through the process, you can get help from the top family lawyers in Sydney. At Madison Marcus, we have a team of experienced family lawyers who can help you with your divorce or separation.
We understand that going through a divorce or separation can be a difficult and emotional time. Our team of family lawyers in Sydney will help make the process as smooth and stress-free as possible. For all enquiries or to book a free 15-minute consultation, contact us today.
