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The fundamentals of divorce law

The fundamentals of divorce law

The fundamentals of divorce law.

In Australia, the Family Law Court settles divorce law by the no fault divorce principle. This means that a judge ignores which partner is at fault in the breakdown of the relationship and will only grant a divorce if the relationship has been irretrievably scarred, demonstrated by a separation of at least 12 months.

When regarding the custody of any children, the Family Law Act clearly states that the court deems custody arrangements be made with the best interests of the child as first priority. In deciding this, the court takes into account the best interests of the child in two tiers: primary and additional considerations.

Of course these cases do not have to go to court, it is perfectly possible for distribution of possession and child custody arrangements to be made without the need of a court date.

Primary considerations take into account the necessity for a child/children to spend time with both parents, however without ignoring the child’s/children’s physical and psychological protection. Additional considerations are anything else regarding the best interests of the child, including the child’s relationships with the parents, the willingness of each parent to encourage a close relation to the other parent, the practical difficulty and expense for the child to spend time with both parents and so on.

Finance and distribution of property is another process that has to be done post-divorce. The finance side is managed fairly simply, with the court looking at each person’s financial assets and debts (what you have and what you owe) as well as financial contributions made to the marriage and future requirements of both persons. The distribution of property is settled in a similar way, although all items can be considered, as who bought the item or whose name is on the document is not important.

If you are going through a divorce yourself and need a lawyer to assist you with these sorts of arrangements,
contact our Family Law team at or call 1300 HATZIS (1300 428 947) .

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