Compared with many countries, the divorce rate in Australia is higher, and there are many macro-reasons such as different immigration background, multi-cultural integration or preservation of traditional consciousness. According to the Australian Bureau of data, 40 percent of marriages ended in divorce in 2015, and more than 50,000 children under the age of 18 faced divorce from their parents.
For Chinese, "home" is always the most important belonging, "home and everything" is also the expectation of every member of the family. However, if there is a dispute at home, please do not ignore, evade or take an inappropriate way to deal with it. If necessary, legal aid should be sought to protect yourself, children and families.
Australia's Family Act (Family Law Act) covers most family legal matters. The Family Act deals with specific family matters (such as divorce, children and property). If you are married or living with a person, the Family Act provides for any dispute over your children or property. Even if you are not in a marriage or cohabitation relationship, the Family Law provides for any disputes with your children, such as where the child should live.
Therefore, the legal column's "Overview of Australian Family Law" is designed to help Chinese in Australia understand their rights, obligations and responsibilities in dealing with related family relations, marital property, child rearing, and so on, in order to better face and resolve family disputes. In the hope that the family can enjoy the full moon.
The topic is divided into the following chapters:
Today I share with you the Overview of Australian Family Law (1): ten issues that must be carefully considered before separation:
Q: what is separation?
A: in Australia, separation (Separation) means that you and your partner no longer live together as a couple.
Q: do I need permission to be separated?
A: it's your personal decision. You don't need a spouse or government permission to be separated from your spouse.
Q: can we be separated but live in the same house?
A: the Family Law provides that if you no longer live or socialize as a couple, you can be regarded as separated even if you still live in the same house.
Q: how do I prove I'm separated?
A: you don't have to apply to the court or any government agency for separation, and you don't have to fill in any application form. You will not receive any documents certifying your separation unless you apply for divorce.
But in order to better prove that you and your partner "no longer live or socialize as a couple,"
It is recommended that you:
Inform your bank, provident fund and insurance company (if any) how many provident funds and insurance you have. This is to help keep your finances separate from your ex-spouse and keep your financial information confidential;
Plan your financial affairs: figure out how to pay your debts and loans and how to handle the money you share in the same bank account;
Change of will;
(a) Inform the Centrelink (Ministry of Social Security), the Child Support Agency and the Government agencies such as Medicare (National Health);
(B) make arrangements for the care of children and inform family and friends, doctors or community workers;
Get legal help.
Q: does one of us have to move out of the house? What if you're in danger?
A: it's not necessary. It's up to you to leave your place or stay. If you are concerned about your safety, are threatened, or feel unable to make decisions on an equal footing with your spouse, you can ask for help. If you or your child feel unsafe, you should call the 000 police quickly. The duty of the police is to make sure you are safe and to help when you are not safe.
If you want to stay and if it is necessary for your spouse to leave your home, you can apply for an appropriate court order, such as the Family Law injunction (Family LawInjunction Order), which protects your and your child's safety. Do not allow your ex-spouse to threaten or approach the place where you live and work.
Q: what if I move out of the house? will I lose my right to property?
A: you will not automatically own your rights to housing or other property by moving away from your home. However, if possible, please obtain legal advice on the case before leaving. If your name is not on the title certificate, you can also take legal measures to protect your interests in family housing. This is called a "warning" (Caveat). For the property in which you are interested, warning is a written warning to the person who checks his or her title certificate. If you make this arrangement, you will be notified if someone attempts to register their interests or sell the property. Details on the distribution of property can be read later in the Australian Family Law Overview (3) | Matrimonial property allocation.
Q: can I take the kids away from home?
A: yes. If you are worried, it is best to consider the safety of you and your children first. However, if you want to move with your child and move will make it difficult for the other parent to see the child, you need to try to get the consent of the other parent as much as possible. But if you're trying to get the consent of another parent to scare you, and you're worried about your safety, please get legal advice from the case before you make a decision.
Q: what should I bring when I leave home?
A: it is recommended that you bring with you all your personal legal and financial documents, such as:
- Birth certificate, marriage certificate and other certificates;
- Will;
- Passports and visas;
- Bank passbooks and checkbooks;
- Banks, provident funds, tax and other financial documents;
- Personal belongings that you do not want to stay at home;
- What you and your child may need.
Q: will separation affect my right of abode?
A: not necessarily, depending on your visa status, separation or divorce may affect your right of abode in Australia. If you are considering separation and are not sure about your visa status, please get legal advice on the case before making a decision.
Q: what if we get back together and then split up?
A: if you get back together for less than three months as a couple and then separate again, it doesn't affect the 12-month separation time you need before you get divorced. These three months must be a continuous period of time, not intermittent periods of time. If you reunite as a couple for more than three months and then decide to separate, you must be separated for up to 12 months before you can file for divorce.
Author's introduction: Lin Huiming
Bachelor of Law (National Scholarship) from China, Master of International Business Law (Honours degree), Doctor of Law, Australia
Law firm Wah Shing, Australia
Practising lawyer, Queensland Supreme Court
Registered Solicitor, Federal Court of Australia
Legal Practitioner of Shanghai Haoxin Law firm, China
Chinese legal professional qualification certificate
He has been involved in the fields of property law, immigration law and international commercial law. In recent ten years, he has studied law in China, Britain and Australia. He has insisted on promoting public welfare legal aid in the Chinese community and popularizing the law in the legal column, focusing on cross-border legal business and corporate legal consultation in the Asia-Pacific region.
WeChat: lin61230
Tel: 0456661230
