It is a sacred thing to enter the palace of marriage. However, when the marriage has broken up to irreparable, divorce in Australia, as an applicant, you need to meet three conditions:
Marriage certificate
A marriage certificate is required. If both parties are registered for marriage abroad, translation is required. If the applicant loses his marriage certificate, the applicant must provide an affidavit showing the details of the time and place of the marriage. There must be at least one third-party witness to prove this evidence.
The marriage has broken down.
The evidence is that the two sides have been separated for 12 months. If the separation is less than 12 months, the two parties need to wait until the full 12 months before they can apply for divorce; If, after separation, one side gains windfall, such as winning a lottery ticket, the party requests confirmation that the property is separated property and belongs to personal property. But under Australian law, the windfall is still likely to be part of a mutual property. In the case of division of property, the most relevant date is the time when the final court makes a decree on the distribution of property.
If the applicant makes a unilateral application for divorce and the respondent objects to the time of separation, the respondent may file a petition indicating that the actual time of divorce is different from the time stated by the applicant.
In the case of less than two years of marriage, the court does not normally hear an application for divorce unless the applicant provides evidence that the parties have been reconciled and that the mediation is null and void.
If the children of both sides are under the age of 18, prove that the children have been properly placed
This is also the court in the divorce case, the main consideration of granting divorce. Do you have children in your marriage? If so, has the child's care, welfare and future growth been properly arranged?
Filing for divorce and attending the hearing
- If there are no children under the age of 18 in the marriage, there is no need to attend a trial either unilaterally or by mutual consent.
- If there are children under 18 years of age in the marriage, but both sides agree to apply for divorce, both parties do not need to attend the trial.
- If there are children under 18 years of age in the marriage, but if you unilaterally file for divorce, you need to attend the trial unless there is a reasonable and explainable situation.
