Divorce
On a serious note divorce is something that not only affects the couple but also any children, work, friendships, family and even your financial stability. Some problems l think stay you with forever, some may be resolved but things come back to haunt you in years to come. Because who really got married thinking they were then going to get divorced somewhere down the track? I think most people think it is a one off thing, but when it does not work their whole lives turn upside down.
There is a lot of help out there, especially with the World Wide Web, and you must already know that as you are reading this!
As mentioned on the family law courts website (http://www.familylawcourts.gov.au/), you need to go about applying for a divorce in a particular way as mentioned below (other countries must follow a similar path).
Can I apply for a divorce?
You can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- Ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated.
To apply for a divorce, you must complete an Application for Divorce and file it with the Court and pay the application fee. You may be eligible for a fee exemption or waiver.
If you apply for a divorce together with your spouse, it is a joint application and you and your spouse are joint applicants.
If you apply for a divorce by yourself, you are a sole applicant and your spouse is the respondent.
What is the cost?
You must pay a fee when you file for divorce. As at 1 October 2006, the fee to file an Application for Divorce in the Federal Magistrates Court is $405.The fee does not apply in some cases.
What do you mean by separation under the one roof?
It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof'.? If this applies to your situation, you need to prove to the Court that you were separated during this time.
If you are applying for divorce by yourself, you need to prepare an affidavit. If you are filing a joint application, both you and your spouse need to prepare separate affidavits.
We want to divorce but have been married less than two years. We understand we have to do certain things, what are they?
If you have been married less than two years and want to apply for a divorce, you must either:
- attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse, or
- if you have not attended counselling, seek permission of the Court to apply for a divorce.
The two years are calculated from the date of the marriage to the date of applying to the Court for a divorce. You and your spouse must also have been separated for at least 12 months before applying for a divorce.
I married overseas - can I get a divorce in Australia?
If you were married overseas, you can apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live indefinitely in Australia are an Australian citizen or resident, or
- are an Australia citizen by birth or descent
- are an Australia citizen by grant of an Australia citizenship
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
You must provide the Court with a copy of your marriage certificate. If your marriage certificate is not in English, you need to file:
- an English translation of it, and
- an affidavit from the translator which:
- states his or her qualifications to translate
- attaches a copy of the marriage certificate
- attaches the translated marriage certificate
- states that the translation is an accurate translation of the marriage certificate, and
- states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.
More information can be found in the Family Court of Australia form 'Affidavit translation of marriage certificate' under the Forms section of this website.
I can't find my spouse to serve a divorce application, what do I do?
If you have made a sole application, you need to serve the divorce application on your spouse. If you have taken all reasonable steps to serve your divorce application on your spouse and you are unable to do so, you can apply to the Court for:
- substituted service, or
- dispensation of service.
(Remember: We are only providing general information only and it is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court).
In Australia a decline in marriage rates and increase in divorce rates has led to a decrease in the proportion of the population that is formally married. In 1986, 60% of the population aged 15 years and over were married; by 2001 this proportion had decreased to 55% (source)
In Asia the divorce rate has also risen, and as mentioned in Time Asia Magazine " Divorce was once all but unthinkable in Asia, but now it's become almost standard. And these days it's women who are doing most of the dumping. Whatever else I thought I would become, I never imagined I would be twice divorced before the age of 40. As a 16-year-old, through shoplifted volumes of Shelley and Keats, I surpassed the peer-group average comfortably when it came to interest in gushing romance. Four years later, I eloped with my then girlfriend and we were married in a registry office above a music store. To read more of the article written by Liam Fitzpatrick click here
I also decided to look up the divorce rates of the whole world and as we can see India has the lowest divorce rate (1.1) versus Sweden with the highest (54.9%). Would you have guest that? No, l would not, l thought United States would be the highest, while maybe Israel last. How wrong l was. Why would a country like Sweden have such a high rate whereas India so low? I can only speculate and give my opinion. For one thing India has a traditional society and divorce is frowned upon, so couples tend to work things out before the escalate to a degree where a divorce is needed. What ever the reason, I think we all need to take guidance from them and learn how to stick together.
World Divorce Statistics
|
Percentage of New Marriages which End in Divorce, in Selected Countries (2002) |
|
|
Country |
Divorces (as % of marriages) |
|
Sweden (Source) |
54.9 |
Useful links:
Australia: http://www.divorce.gov.au/
http://www.divorcesolutions.com.au/
USA: http://www.international-divorce.com/
India: http://www.legalserviceindia.com/helpline/helpline_HOME.htm
