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Frequently Asked Questions
Frequently Asked Questions
How are parenting issues decided?
The child’s best interests are the main consideration. Courts aim to maintain meaningful relationships with both parents unless it’s unsafe.
Do I need to prove fault to get a divorce in Australia?
No. Australia has a no-fault divorce system. Separation for 12 months is the only requirement.
Will I need to attend court?
Usually not for uncontested divorces. Court may be needed for finances or children.
What is a clean break order?
It ends financial ties between spouses. Often recommended after financial settlement.
Can I apply for divorce alone?
Yes. Sole applications are allowed. Joint applications are optional.
How long does a divorce take in the UK?
Typically 6–8 months for uncontested divorces, longer for cases with disputes.
How long does a custody case take?
Timelines vary, but urgent matters can be addressed quickly with interim custody orders.
How are personal laws involved in custody matters?
Custody is decided based on religious law, unless both parties opt for secular law under the Special Marriage Act.
Do grandparents have any custody rights?
In some cases, yes. Courts consider extended family if both parents are unfit or unavailable.
Can custody be granted to fathers in India?
Yes. Courts may award custody to fathers if it aligns with the child’s welfare.