- There is no one-size-fits-all divorce entitlement. Instead, divorce proceedings in Australia involve a four-step process to ensure fair asset division.
- The Court will consider individual circumstances when determining the outcomes of property settlement, child custody and spousal maintenance matters.
- Legal advice from experienced property settlement family lawyers is essential for ensuring a fair outcome in divorce settlements.
Who gets child custody?
Child custody arrangements are a paramount consideration in divorce settlements in Australia. The Court takes into account a variety of factors when making decisions about child custody, such as:
- the child’s best interests
- the parents’ wishes
- the child’s relationship with each parent
- the child’s age and maturity
- the child’s physical and mental health
Questions to ask your lawyer about divorce settlements
To ensure a fair and equitable outcome in your divorce settlement, it is important to ask your lawyer essential questions about the process. This ensures that you can make informed decisions and better understand your legal rights and obligations.
Some essential questions to ask your lawyer include:
- What factors does the Court consider when determining child custody arrangements in Australia?
- How will the duration of our marriage affect the division of assets and spousal maintenance in our divorce settlement?
- What is the process for dividing assets in a divorce, and how will our assets be divided?
- Is my wife entitled to half my house if it’s in my name in Australia?
- Can my wife claim spousal maintenance after our divorce?
Your family lawyer should be able to answer these questions in relation to your unique circumstances.