Divorce Guide

Rights of Australian women involved in divorce

Divorce rate in Australia is high. Generally it is women who face a lot of problems due to divorce and separation. There are certain rights of Australian women involved in a divorce. There rights strengthen the stand of a women and allow her to get her fair share in things.

Child custody

Australian women can seek child custody. It is your basic right as a mother. The primary custody of the child can be granted to you, especially so if the child is a small baby. Though, the child needs both the parents, it needs the mother the most during its early growing period. This will entitle you to have the primary custody of your child and the father can have visitation rights.

Child support and spousal support

It is a right of a mother to seek child support when she is the primary child custodian. Children put extra burden on the finances, especially so after divorce as the custodian parent takes the sole responsibility of the child. There are provisions for child custody and spousal support. There are support calculators to get appropriate support. You can go to the court in case your husband fails to make support payments. There are enforcement agencies that will help you in the matter.

Parenting time

It is your right as a mother to seek parenting time with your children if the child custody id with the father. You are entitled to visitation rights and get involved in the decisions regarding your child.

Rights in Property and assets

As a wife you are entitled to your share of property and assets. This is so, even if you are a house wife and do not earn. The Australian law recognizes your efforts and sacrifices as you worked as a home maker. It is considered as co- operation extended on your side o that your husband could act as a breadwinner while you took care of the family requirements. However, the court will decide the share and will make decisions considering your family arrangements.

In case you are working women, you can freeze all the shared financial assets. It is your legal right to prevent any fraud from your partners’ side.

Right to get divorce

Australia follows no fault divorce laws. This is sufficient to get you divorce from your husband. You need not prove any fault on his side and there are no or very few complications. You as a partner can get divorce if you satisfy certain criteria:

1. Citizen of Australia or at least consider it as your residence
2. Separation period of one year
3. Prove to the court that your marriage has broken and cannot be reconstructed

Right to fight domestic violence

You are entitled to oppose any domestic violence in the family. This is your right as a human being to protect your self from any abuse. You can seek protection for your self and your children when you apply fo divorce. You can request for restraining order to get protection.

Right to mediation

You can seek mediation and opt for an out of court settlement. However, your husband should also agree for this arrangement.

There are a number of rights for an Australian women involved in divorce and separation. You can make use of this information and be aware of your legal rights. You can use them and get your fair share while you are undergoing 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