[:en]In 2015, there were 113,595 marriages registered and 48,517 divorces granted in Australia, according to the Australian Bureau of Statistics. The median length of time from marriage to divorce in 2015 was 12.1 years. There is no doubt that increasingly the perceptions of Australians regarding the longevity and permanency of marriage is changing.
As a firm that provides family law services, one of the most commonly asked questions we receive is “When can I get divorced?”, followed closely by “How long does it take?”.
A divorce application is made by way of court form which is lodged with the Federal Circuit Court of Australia. However, you are not automatically eligible to apply for a divorce by mere fact of separation. An application for a divorce order in relation to a marriage is be based on the ground that the marriage has broken down irretrievably.
Before you apply for divorce, here are some things you should think about:
- Can you prove that you are married? Do you have a copy of your marriage certificate? Is it in English?
- Have you been separated for at least 12 months?
- Are you or your former partner currently either an Australian citizen, by present in Australia, be ordinary resident in Australia?
- If you have children of the relationship, have appropriate arrangements been made for their welfare? In other words who will the children live with? What are their schooling arrangements? Are the children in good health? Who is financially supporting the children?
- Have you been married for less than two years? If so, have you attended marriage counselling?
A divorce application may be made solely or jointly. In the event that a sole application is made, there are strict time limits in relation to the personal service of the application upon the other party.
Further, in today’s harsh economic climate, it is common for individual’s to continue living in the same house after separation. These circumstances do not pose a roadblock to divorce. In a separate statement, called an affidavit, you will need to set out the facts that prove your separation. For example:
- Have you moved into the spare bedroom?
- Do you separate you finances?
- Have you stopped doing housework for each other?
- Do you attend social gatherings together?
- Have you told friends and family of your separation?
- Do you know of a friend or neighbour that can corroborate your evidence?
By this point in the article, you must be nearing the point of information overload. Fear not, we are here to help!
For more information contact us on 02 8355 9999, and one of our experienced family lawyers will provide you with precious reassurance by guiding you through the divorce process.[:zh]根据澳洲数据统计局资料显示，2015年在澳洲注册结婚与离婚的数量分别为113,595起和48,517起，婚姻持续时间的平均值为12.1年。毫无疑问，澳洲人民对婚姻的持续性及永久性的认知正在快速转变。
离婚申请需要填写相关法院表格并递交至澳洲联邦巡回法院（Federal Circuit Court of Australia)，但单从夫妻分居的事实来看，这并不代表您自动拥有申请离婚的资格。澳洲家庭法规定：申请法院离婚判决需要证明这段婚姻已经破碎到无法挽回的地步。
- 您是否能证明您已结婚？ 您是否保留您的结婚证明？该结婚证明是否为英文版的？
如希望咨询更多信息请联系我们：02 8355 9999。 我们的家庭法律师团队将竭诚为您服务。[:]