Divorce in Australia Compared

 

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.