Divorce
in Australia is known to be simplistic and direct. Unlike in many advanced
countries where there is an extensive divorce law and a legal system handling
divorce cases and all other proceedings pertinent to divorce, divorce in
Australia is still anchored on its Family Law Act 1975 and divorce cases are
heard by regular courts in the absence of a family court.
Unlike in
many other countries where there are many grounds of divorce like
irreconcilable differences, domestic violence, infidelity, deceit, and many
others, divorce in Australia has only one ground- irretrievable breakdown of
marriage, evidenced by a twelve-month separation immediately preceding the date
of the filing of an application for divorce. Just that, and nothing more.
In many
countries, divorce proceedings take long, especially when several grounds are
deliberated and divorcing parties take turns in hurling allegations against
each other. Divorce in Australia is known as ‘no fault divorce’ because the
court does not consider any reason for the marriage dissolution nor does any of
the spouses need to prove any reason for the breakdown of marriage. The divorce
proceeding is centered on proofs that indeed the marriage has irretrievably
broken down and there is no reasonable chance that the contracting parties will
get back together. The only proofs required by the court are those that support
that the couple have lived separately and apart for at least 12 months and that
there is no reasonable likelihood that they would resume married life.
In many
countries, especially in the United States of America, divorce system is
institutionalized where there are designated divorce and settlement courts that
deliberate marital affairs, family issues, financial settlements, property
division, and more importantly parenting arrangements for children. Such
concerns are not included in divorce proceedings in Australia. Arrangements and
settlements of issues pertaining family, children, and finances are deliberated
in separate dispute resolution proceedings usually with the help of divorce lawyer Tweed Heads.
Financial and property proceedings arising from the breakdown of marriage
starts within 12 months from the effectivity of the divorce order unless
otherwise agreed upon by both parties.
Unlike
in the US where it is far easier for couples to get divorced, there is no such
thing as an instantaneous divorce in Australia. In order to apply for a
divorce, spouses must be separated for at least 12 months prior to the filing
of divorce case. The 12-month separation restarts if a period of failed
reconciliation for at least three months or more happens.
In
Australia, those married for less than two years cannot file for divorce. With
the assistance of divorce lawyer Tweed Heads they need to attend a mediation session and obtain a certificate
from a counselor that they are indeed separating. Still, the standard divorce
procedures apply only after a 12 month separation period.
Also
unlike other countries where there is divorce, marital status does not
automatically change upon the granting of divorce by the court in Australia.
Change in marital status is not considered final for another month after the
issuance of divorce certificate.
Because
of the simplistic nature of divorce in Australia, many opt to file their
divorce there. With the help of divorce lawyer Tweed Heads one can
apply for a divorce in Australia if he/she: 1) is an Australian citizen by
birth, descent, or citizenship grant; 2) regards Australia as home and intends
to live in Australia indefinitely; or 3) ordinarily lives and have been living
in Australia for at least 12 months immediately before the filing of the
divorce case.
