Divorce Guide

Divorce Guide


Divorce and Legal Assistance in Australia

When you consider divorce, and don't have enough money to hire a lawyer, community-based legal assistance can help you at such time. Legal assistance organization offers different services depending on the location, budget and policies. Their services provide excellent resources that can help you understand divorce process in Australia. Thus, divorce and legal assistance in Australia are closely related with each other.

Understanding Divorce and Legal Assistance in Australia

Legal assistance offers free legal services to people with low income. This non-profit association depends on the services of both paid and volunteer attorneys to help people with common legal issues like divorce.

Divorce is the legal breakdown of a marriage. Most of the states have some form of no-fault divorce, where one party gets a divorce without the spouseís permission. Many divorces have complicated issues like finances and child custody. Hence, the need of expert advice of lawyers increases when trying to end a marriage.

Legal Assistance in Australia

Australia has a federal Government system that comprises of federal, state and territory jurisdictions. The Australian Commonwealth, State and Territory governments are responsible for the provision of legal assistance for matters arising under their laws, especially criminal and family laws. Legal assistance for both Commonwealth and State issues is delivered through State legal aid commissions. These agencies are independent statutory agencies that were established under State legislation. Assistance legal representation is usually assigned to a private legal practitioner.

Objects of Legal Assistance in Australia

  1. To encourage the cooperation among service providers, for the well being of clients. It ensures that legal needs of divorcing clients are met with the effective service available.
  2. To regularly distribute the information and create the communication between the service providers and to enhance the ability of those providers, satisfying the client needs.
  3. To inform the government about the needs of the clients and issues applicable for the delivery of legal assistance and representation services. To assist the government in creating the policies that enhances the access to justice for all Australians.

Divorce in Australia

Australian Divorce law requires that at least one or both spouses applying for divorce in Australia be Australian residents or citizens or regard Australia as their permanent home. Australian law needs a separation period for all parties seeking divorce, and other stipulations depending on the specific situation.

  • Process of Filing Divorce: Either of the spouses must file divorce application in the family court of Australia. The applicant can only apply after the 12-month period of separation. A hearing takes place two months after the application is filed. Divorce is finalized one month later, when the court grants it.
  • Grounds for Filing: In Australia, a divorce can be filed on the basis of breakdown of marriage. The couple must be staying separately for 12 months.
  • Children Involved: If issues of children are involved, and the applicant is filing for divorce on his/her own, then the applicant must attend the hearing of divorce at the court. If the couples have no children under the age of 18, they donít have the compulsion to attend the hearing.

If you wish to file your divorce on your own, you can get assistance in filing the paperwork from legal aid services. Depending on the services in your area, you can also get personal assistance with selecting and filling out the forms you require. Thus, divorce and legal assistance in Australia relate to each other as you have to go through various legal processes for both.


Divorce in Australia

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
Post Divorce Advice
Post Divorce Financial Advice

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