divorce in australia is very similar to filing for a divorce within the united states of america, or in canada
While in Australia, Dorothy, aged 53 divorced her husband due to neglect. In her claim she noted that her husband spent the majority of his time playing cricket, and therefor neglected his duties as a husband and father (McDermott, 2013).
After engaging in a lengthy custody battle, which spanned the regions of Britain and Australia, courts have decided that the children of the formerly married partners will live in Australia. The children’s father will relocate to Australia and will subsequently receive equal parenting time.
Filing for a divorce in Australia is very similar to filing for a divorce within the United States of America, or in Canada. Even still, divorcees occasionally find it necessary to return to court post-proceedings. Even after official divorces have been granted problems sometimes arise.
The laws of Australia require that one or both partners file a specific divorce application in either the Federal Circuit Court or in family court. Applications are only considered pending a 1 year long separation of the former partners. Court appointed hearings are usually granted within two months of the filing of the aforementioned application. Only couples with children under the age of 18-years-old must be physically present for court proceedings (Mertens, 1999).
The Family Act law also mandates that partners married less than 2 years must attempt reconciliation through counseling and/or couples’ mediation. This small addition to the law has drastically curbed Australia’s divorce rates.
In summary, anyone who wishes to get divorced in Australia must be separated for a period of one year and must file a petition with family court or the federal magistrates. Anyone with children under 18 must be present in court for the proceedings, unless both parents are in agreement about the necessity and stipulations of the divorce, and file jointly. The emphasis on parenting time represents a growing trend in Australia.
Sources:McDermott, K. (2013, February 26). Mother kidnapped her children and ran away to australia aftercomplaining her husband spent too much time playing sport.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.