Every country has different rules and regulations regarding divorce and some countries have fairly easy rules and some have stringent rules. But in Australia, divorce is different from property division and children’s matters. It is relatively simple and crystal clear process which is helpful for the citizens of Australia.
Divorces in Australia are available on the no-fault basis and the couples need not produce any reasons why they are separating as long as they are completing the basic criteria for the divorce.
What is a basic criterion for divorce in Australia?
During the time of marriage, at least one party should have Australian citizenship (by birth, by descent or by a grant).If this is not the case then the applicant must be living in Australia for 12 months which is the prior when the application is filed. One more criterion is that couple must be separated for 12 months.
– Date to end marriage
At least one party needs to consider a specific date on which the marriage should end and date should be a unanimous decision. If it is not a joint decision then it must be communicated to the other party.
In most cases, the date is easy as it will count from the date one of the spouses has left the marital home and started living separately and if it is more than 12 months then it is easy to date.
It must be assured to the Court that there is not going to be any resumption of cohabitation.
There are some specific issues which need to be addressed:
– Marriage is less than 2 years
If the parties are married for less than 2 years then it becomes mandatory for both the parties to attend counseling sessions. It is considered due to the possibility of reconciliation of the marriage.
– Separated under one roof
– In some cases, the marriage is regarded as over but the couple is still living in one house. Are they liable to file the divorce? In some circumstances, if the parties are not physically separated for 12 months then they have to file an affidavit in court. This will provide evidence about the current circumstances.
– Periods of reconciliation
– Sometimes both the parties reconcile several times before they actually get separated. For parties who have been separated for three months and in between they have reconciled too then they again have to wait 12 months before filing the divorce papers.
– When the couple files a divorce application, before that they should seek the legal advice of a divorce lawyer in Brisbane, New Way lawyers, provides a reasonable and effective legal solution for the divorce. The team of expert divorce lawyers at New Way provides complete professional and reasonable services in family law and estate law.