International Family Law

1. You must wait twelve months following separation before you apply for a divorce.
2. You have twelve months from the date of your divorce to settle your property matters or apply to the court for property orders.
3. The court does not impose time limits for parenting matters – the only requirement is that the children are under 18 years old.
4. You must appeal a decision within 28 days of the final order.

In the Australia the ground for a Divorce, is the irretrievable breakdown of a marriage. The evidence required is to demonstrate that the parties to the marriage have lived separately and apart for twelve (12) months and one (1) day.

 

It should be noted that in exceptional circumstances, parties can resume cohabitation for a period of up to three (3) months. Also, parties can be separated but still reside in one residence, or ‘under one roof’. The party alleging the separation will likely need to provide evidence as to why the parties continued to live ‘under one roof’ and corroboration that the parties were in fact separated during that time. This is normally done by a witness, other than the parties to the marriage giving evidence.

If the marriage is less than two (2) years in duration, then a divorce application should not be filed without ‘leave’ (permission) of the Court having first been obtained, unless a certificate is filed with the application that the parties have explored reconciliation through counselling.

 

If there are children to the marriage under the age of eighteen (18), then the Court will want to be satisfied that proper arrangements, in all the circumstances have been made for the care, welfare and development of those children (except in exceptional circumstances).

You can read our blog here.

You can read our blog here.

Family Relationship Advice Line

The Family Relationship Advice Line has a range of fact sheets and other information on family law services, including: children’s contact services; counselling; family dispute resolution; parenting orders program; post-separation cooperative parenting; and supporting children after separation.

Phone: 1800 050 321

Website: www.familyrelationships.gov.au

National Sexual Assault, Family and Domestic Violence Counselling Line

Phone: 1800 737 732

Website: www.1800respect.org.au

Police or ambulance

Call 000 at any time if you are worried about you or your children’s safety.

LifeLine

Phone: 131 114

Website: www.lifeline.org

Translating and interpreting

Phone to gain access to an interpreter in your own language.

Phone: 131 450

Website: www.tisnational.gov.au

Kids Help Line

Telephone counselling for children and young people.

Phone: 1800 551 800

Website: www.kidshelp.com.au

Australian Childhood Foundation

Counselling for children and young people affected by abuse.

Phone: 1800 176 453

Website: www.childhood.org.au

Relationships Australia

Support groups and counselling on relationships, and for abusive and abused partners.

Phone: 1300 364 277

Website: www.relationships.com.au

Our Place Online

An online forum for men and women who have suffered abuse in all its forms: psychological, verbal, physical, sexual, and spiritual abuse. The forum is run by a community of volunteers all over the world. Our Place aims to help educate and support those wishing to heal from the damage done.

Website: www.our-place-online.net