What do you and your lawyers need to know?
In Australia, couples seeking a divorce must have lived separately for at least 12 months and may need to provide evidence if separated under the same roof. Arrangements for children and property settlements are also key considerations in the divorce process.
Living Separately and Apart
If living separately but under the same roof, you must provide additional evidence to the Court, such as an Affidavit and witness testimony.
Counseling for compliance
Couples married for less than 2 years must undergo additional counseling and obtain a compliance certificate, or file an Affidavit if counseling is not possible.
additional foreign documentation
Overseas-born individuals and those married abroad must meet specific jurisdictional requirements and provide appropriate documentation, including translated marriage certificates.
Looking more than the picture of economic consequences brought about by COVID-19 pandemic is an overlooked social issue, which is marriage. According to recent findings in the field of psychological science, the epidemic has even more challenged relationships all over the world due to its external stress factor that affects the responsive communication between partners. Couples strive to talk with each other when faced with challenging and unstable times, especially when both sides struggle with frustration and financial uncertainty. Until the marriage comes to a point of dissatisfaction, couples often resort to filing a divorce.
But what are the things couples need to know when applying for a divorce in Australia?
Basis of divorce
You can only apply for a divorce when parties have been living separately and apart in the last 12 months at the date of application filing.
But what if you have been living separately in the same roof?
Further evidence must be given to the Court. This often includes filing an Affidavit and having witnesses who would attest to the circumstances of ex-couple’s separation.
Marriage is shorter than 2 years
Additional counselling is required to discuss the chances and possibility of reconciliation, whereby the ex-couples will be given a certificate of requirement compliance before further applying for a divorce.
An Affidavit may be filed if counselling is not possible during exceptional circumstances.
If applying for a divorce with less than 2 years of marriage, mandatory counseling is required, or you must file an Affidavit if counseling is impractical.
Overseas-born individuals must provide additional documentation to meet Australian jurisdictional requirements.
What if I was born overseas?
Consult your lawyer regarding additional requirements. These often includes but are not limited to copies of citizenship papers and Australian passport to prove jurisdiction.
What if I was married overseas?
You need to meet the Court’s criteria for jurisdiction purposes. A Marriage Certificates which is not written in English must be supported with a translated version and an Affidavit of the translator.
What is next after I have filed divorce application?
The hearing date normally would take place a few months away.
What if something changed before the hearing?
It is extremely vital to let your lawyer know if there have been any changes in circumstances.
What about our children?
It does matter if you have children under 18. This is in fact one of the vital factors before a Court can grant you a Divorce, that is, when they are satisfied with the “proper arrangements” for the children.
Is my property settlement affected?
The application for final or interim property can be filed in the span of 12 months from the date the Divorce has been granted and official.
