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The Most Common Questions About Family Law Issues With Answers

Are you considering a divorce? Or do you have questions about child custody? If so, you are not alone.

Family law is complex and can be confusing. This blog post will provide some answers to common questions about family law. We will cover topics, including divorce, child custody, prenups and more, and we hope this information will help you make the best decisions for your family.

How Can I Get A Divorce In Australia?

The first step is to file an application for divorce with the Federal Circuit Court. Once your application is accepted, you and your spouse will be required to attend a hearing where the judge will grant your divorce.

How Much Does It Cost to Get aA Divorce in Australia?

There is no set fee for getting a divorce in Australia. However, you can expect to pay around $500 for your application fee and legal costs.

How Long Does It Take to Get a Divorce in Australia?

It usually takes around eight weeks from the time you file your application to the date of your divorce hearing. However, this can vary depending on your individual circumstances.

What Are the Grounds For Divorce in Australia?

Under family law rules, there are only two grounds for divorce in Australia—that your marriage has irretrievably broken down or that you and your spouse have been separated for at least 12 months.

Can I Get a Divorce If My Spouse Does Not Want One?

If your spouse does not want a divorce, under family law rules, you can still file for one if you meet the necessary criteria. However, you may need to provide additional evidence to the court to show that your marriage has irretrievably broken down.

Should I Move Out of the House to Get a Divorce?

Under family law rules, you are not required to move out of the family home when you file for divorce. However, if you do choose to live separately, it can be used as evidence to show that your marriage has irretrievably broken down.

What Happens to Our Property and Debts When We Divorce?

The court will divide any property or assets that you and your spouse own jointly in a fair and equitable manner. This process is known as property settlement and can sometimes be complicated. It is best to seek legal advice from the top family lawyers in Sydney before proceeding. Generally speaking, the court will look at all of the financial contributions made by each party during the marriage, as well as any current needs, to come to a fair division of assets.

Meanwhile, each spouse is generally responsible for their debts. However, the court may order one spouse to pay some or all of the other spouse’s debts if it would be unfair for them to do otherwise.

What Will Happen to Our Children When We Divorce?

If you have children, under family law rules, their welfare will be paramount in any decisions made about their future. The court will consider what is in their best interests and make orders accordingly. This may include orders for child custody and access, as well as child support.

Can My Children Receive Financial Support From Their Father Even If We Are Not Married In Australia?

Yes, your child may be entitled to receive child support from the father even if you are not married. This is because family law in Australia recognises that both parents have a responsibility to support their children financially.

Can I Get a Divorce If I Have Been Married For Less Than Two Years?

Yes, you can still get a divorce if you have been married for less than two years. However, you will need to provide evidence to the court that your marriage has irretrievably broken down. This can be done by showing that you and your spouse have been separated for at least 12 months, or by providing other evidence to show that the marriage has broken down.

Are There Any Other Requirements For Getting a Divorce in Australia?

There are a few other requirements that you will need to meet to get a divorce in Australia. These include:

  • You must be an Australian citizen or resident or be domiciled in Australia;
  • You must have been married for at least 12 months (if you were married overseas, you may still be eligible for divorce if your overseas divorce would be recognised under Australian law); and
  • You must have a valid reason for wanting a divorce (such as your marriage irretrievably breaking down).

I’ve Been Served With Divorce Papers, What Should I Do?

If you have been served with divorce papers, you must seek legal advice from family lawyers in Sydney as soon as possible. The sooner you get advice, the better able you will be to protect your interests during the divorce process.

Are Prenups and Postnups Legally Binding?

Prenuptial agreements (or prenups) are legal contracts that you and your spouse can enter into before getting married. The agreement can cover a wide range of issues, such as how you will divide your property if you divorce.

Meanwhile, a postnuptial agreement (or postnup) is a similar contract that you can enter into after you are married. While prenups are more common, both prenup and postnup are legally binding in Australia.

How Can I Get Out of a Prenup Or Postnup?

It is very difficult to get out of a prenuptial or postnuptial agreement once it has been signed. However, there are some limited circumstances in which a court may set aside the agreement, such as if it was not entered into voluntarily or if it is unfair. A family law expert can best explain your legal obligations in such contracts.

How Madison Marcus Can Help You

We hope this guide has answered some of your questions about family law. If you would like more information, or if you have specific questions that were not addressed here, please contact us for a free 15-minute consultation. Our team of family law experts at Madison Marcus is happy to help in any way we can.


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