Divorce in Australia
The dissolution of a relationship is never easy, no matter whether the couple are legally married or in a de facto relationship. Add children and a complicated portfolio of property and assets and the potential for a drawn out and expensive legal battle, one that leaves both parties out of pocket and emotionally exhausted, goes through the roof.
An experienced lawyer is your best ally during the divorce process but knowledge is your shield. Divorce laws in Australia aim to be dispassionate and fair. Understanding the law and referencing recent cases, helps you prepare for your court case.
Divorce Law in Australia
This is a good place to start if you have any questions about divorce laws for married, and de facto couples in Australia.
Case Evaluation
Fill in this simple divorce case evaluation form for free consultation from a family lawyer, experienced in financial and property settlement matters.
Divorce and De Facto Separation in Australia
Marriage A “marriage” is "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.” In light of this definition, then, there are 4 requirements for a valid marriage: the marriage in question is a voluntary union; it is between...
Recent Divorce Case Examples
Here you will find examples of recent Australia divorce case rulings.
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Case Evaluation
Fill in this simple divorce case evaluation form for free consultation from a family lawyer, experienced in financial and property settlement matters.
Does a Decline in Living Standards Post-Separation Affect Division of Property?
How Do Living Standards, Both Before and After Separation, Affect the Court’s Assessment? Separation almost always lowers the parties’ respective living standards. It is very rare that the parties can continue living at the same pre-separation standard after they have...
Assessing the Weight of Property Brought Into a Relationship
Divorce Settlement: Introduction Occasionally, a party to a property dispute will have owned property at the beginning of the relationship. The weight attributed to such property in assessing the parties’ contributions will depend on: The parties’ overall...
Financial Settlement in Divorce
Financial Settlement in Divorce Lawler & Lawler (1988) 12 FamLR 319 Oftentimes, a party to a property dispute will have owned property at the beginning of the relationship. The weight attributed to such property in assessing the parties’ overall contributions will...
Debts in divorce: debts incurred by a single party
Debts Incurred During a Relationship That Has Broken Down Adair & Milford [2015] FamCAFC 29 Valuing the property of the parties in the context of proceedings under s 79 of the Family Law Act involves deducting the value of the parties liabilities from the gross...