Marriage and family law is an important part of the Australian legal system. Australia has a special family courts (Family Court).
In Australia, a divorce is a judicial process must go to court for judgment by the court to enter into force. Whether or not the parties agree to another department can not exist divorce ruling, which in China such as divorce can go to the civil affairs department divorce it is different.
Divorce legal requirements
In Australia, only one basis for divorce that the marriage has irretrievably broken. Generally speaking, there are two conditions for divorce, one must couple separated less than 10 months, the second is the need to get married more than two years. Easy to see in the Australian Family Law judge whether a marriage has irretrievably broken, using a simple, objective and non-moral standards. It is simple, because if divorce first to see if separation, there is no separation, there would be no divorce, separation is a symbol of marital breakdown and precursor.
It objective, because it uses the concept of time of twelve months, instead of allowing the judge separated by the length of time to rule. As a direct result, and the other party agree to a divorce is irrelevant. Just separated into twelve months, even if the party does not agree with the response, the applicant may apply for and successfully obtained a divorce judgment, it amoral, because divorce in Australia no right or wrong, no party at fault, nothing to do with the concept of discard with the affair concept did not shut when filing for divorce, not the concept of civil proceedings, there is no plaintiff and defendant, but only with the application, the applicant and the responder.
Of course, these two conditions in certain special circumstances can be overcome. For more details, please contact us: [email protected]
Separated meaning of separation and division to live a simple concept is not the same. In fact, the concept of people’s daily use of the two separated couples just dark although pointing in two places, but not because of the relationship between husband and wife separated the two affected. Such two separated, substantially no separation.
Legal separation must be made by either of the parties to terminate the marriage intention to somehow let them know. In this way, action can be, for example, to move out, can also be a language, for example, to tell the other. As for the other party does not agree does not affect the separation of separation, that is separated from the party that is able to reflect the language or behavior.
Separated under the same roof: As the two separated marriage can be sustained and continue to live under the same roof may be the beginning of separation.
In court, the judge concerned only with marriage is broken, there is no clear pattern to emulate demonstration, derived on the basis of individual cases to be. No sex life and that alone is not a good proof of the fact that separation. A good witness testimony as you can solve this problem.
For more details, please contact a lawyer CONTRIBUTIONS: [email protected]