Answering Some Commonly Asked Questions About Family Law

Family law pertains to each case that is under the family code, and it includes annulment, divorce, visitation rights, child custody, child support and alimony. It specifically handles children when it comes to adoption, state protection, guardianship and domestic violence. For those who still do not have full knowledge of family law in Australia, there are questions that are commonly asked. You will find the answers useful when the time comes that you will get married and have children of your own.  

Can You Give More Information About Divorcing in Australia?

Under the family law, Australia has a no-fault divorce benefit, which means filing for a divorce does not require any reasons other than a failed relationship. If a married couple has been apart for one year, the court uses it as evidence. You can also file a divorce even if you are still living together and there is a witness that your relationship has failed.

How Does a Person File for Divorce?

You can file a divorce alone by sole application, or you can both do it under joint application. The filing for divorce is done at the Federal Circuit Court of Australia.

How Can the Court Determine Who the Child Will Live With?

There aren't any standard rules to say who the child should live with. The main consideration of the court to determine who the child will live with and the amount of time the child spends with them depends on the child. The Family Law Act in Australia will give more information about this.

What Happens to the Properties?

You can have an agreement with your ex-spouse without going through court. However, remember that if you cannot come to an agreement, a property orders application should be lodged within one year before your divorce is finalised.

If Married Overseas, Is it Possible to Apply for a Divorce in Australia?

Yes, as long as you are a citizen of Australia or you have been residing in Australia for one year before filing a divorce. Your copy of the Certificate of Marriage must be obtained. In case that it is not written in English, you need to have it translated formally and then file it in the court.

When you are curious about the family law in Australia, these are good questions to start with, and you can always ask more for more clarifications. Each situation is different, but these are very general.