Unlike China's mainland, divorce in Australia requires both parties to apply to a local court.
In addition, if the same-sex marriage meets the requirements of Australia's Family Act 1975 (Family Law Act 1975, the Australian divorce system is also applicable.
proposal form
Separate application
The party applying for divorce is the applicant and the other party is the respondent. A party shall file a separate application with the court and submit an application to the respondent.
If both parties do not have children, the parties may not have to appear in court;
If both parties have children under the age of 18, the parties must appear in court.
Joint application
The husband and wife who jointly apply for divorce are co-applicants, and both parties are required to sign the affidavit (Affidavit).
In the case of a joint application, both parties may not have to appear in court;
If the marriage of both parties is irreparable and there is no possibility of recombination, both parties must appear in court.
Note: Affidavit, affidavit is a written statement made by a party or witness.
Application conditions
One side is Australia's citizen, or legally living in Australia for more than 12 months;
The mandatory provision of separation for a period of 12 months and one day (as long as the fact of separation is proved, even if it is still co-habited after separation, can be regarded as separation), must be satisfied;
Marry Certificate (marry from other countries other than Australia, translation required).
other business
If marry is less than two years old, both parties must receive marriage counseling before applying for divorce to obtain a consulting certificate (Counselling Certificate), issued by a professional marriage consultant (in the case of domestic violence, or unable to find a spouse, by submitting an affidavit). May be exempted from this procedure);
In the case of children under 18 years of age, child maintenance agreements, including accommodation, education and maintenance arrangements, shall be provided.
The children here include the following three types:
- Children of both parties before marriage or after separation;
- Children adopted by both parties;
- A minor treated as a child, such as a stepchild, a foster minor.
If you can't find a spouse, you can apply for an alternative, send or cancel the application.
[法] divorce decree
If the local court approves the divorce, the marriage relationship ends a month and a day after the court's decision. Thereafter, the parties will receive a divorce decision from the court;
It is important to note that divorce decisions are limited to terminating the marriage relationship. If there is a need to deal with property or children's problems, a separate application shall be made;
In addition, the issue of division of property or spousal alimony must be filed with the court 12 months before the date of the divorce. Otherwise, after that, both parties have no right to apply.
Application fee
At present, the fee for divorce applications in Australia is $900. In some cases, a fee reduction of $300 is available.
The court for divorce applications in Australia is the Australian Family Court, (Family Court of Australia).
Actual application method
At present, divorce applications in Australia are usually completed online. Divorce proceedings can only be initiated if the form is completed.
However, the divorce application form not only contains a large number of complex, professional law vocabulary, but also requires the testimony and signature of lawer or Justices of the Peace (Justice of the Peace / JP.
JP (Justices of the Peace) is a professional who is responsible for witnessing the signing of an official document or an law document.
Typically, JP can:
- Testifying to the oath of the party;
- Making a statutory declaration;
- Witness the signature of the parties;
- Implementation of supporting documents;
- Notarize the documents.
In addition, the process of divorce applications in Australia, both sides may encounter other law problems. Therefore, to professional lawer consultation, is your successful completion of the divorce guarantee!
