KEY POINTS
- Divorce is not a difficult and lengthy process as compared to annulment in the Philippines.
- Infidelity, interpersonal conflicts, and instances of family violence are among the common reasons for divorce proceedings.
- Even for couples married abroad, such as in the Philippines, divorce can be pursued in Australia, adhering to local legal statutes.
In this episode of Love Down Under, we speak to Australian lawyer and registered migration agent Johanna Nonato of Dragon legal services about the process of divorce in Australia.
According to Ms Nonato, in Australia, divorce laws are designed to expedite the process, with no stringent requirements for justification.
"In Australia, there is a no-fault divorce. This means that there's no need for a reason as long as you both decide that it's over. Divorce is somewhat easy. It can take as fast as 2-6 months, and you can already be divorced if there's no appeal from the other party."
Here's an insightful overview of the divorce process in Australia, shedding light on its various aspects:
Initiating divorce
Divorce proceedings in Australia typically commence after a period of one year and one day of separation. Additionally, for marriages under two years, couples are required to undergo counselling, providing an opportunity for reconciliation.
Filing procedures
There are two primary methods of filing for divorce: a sole application, where one spouse initiates the process, and a joint application, which requires mutual agreement. The timeline for completion ranges from 2 to 6 months, with a fee of $1090.
"The requirements are very easy - marriage certificate, identity documents, the requirements are very simple, and even the hearing, if there are no issues, the hearing lasts only 5 minutes, and it's granted. Once it's granted, you can see it on the online portal, but the divorce order will only appear after a month and a day. Another requirement is that they need to be in Australia for 12 months. Even on a visitor visa, student visa, or temporary visa. If they're citizens, that requirement is not necessary."
Divorce for international couples
Even for couples married abroad, such as in the Philippines, divorce can be pursued in Australia, adhering to local legal statutes.
Migration considerations
Many individuals opt for divorce in Australia to fulfill migration prerequisites, particularly for partner or skilled visas. Notably, single applicants receive a 10-point bonus for skilled visas.
Common divorce triggers
Infidelity, interpersonal conflicts, and instances of family violence are among the common reasons for divorce proceedings.
Custodial and property matters
In determining child custody arrangements, the paramount concern is the child's well-being, emphasising equitable parenting time.
"It's called a parental agreement - it's always in the best interest of the child. The child should have equal terms in spending time with both the mother and father. There should be an agreement between the parents on how they will do this."
While property division is governed by Australian law, considering individual circumstances.
Legal representation
While self-filing is feasible, engaging legal counsel ensures compliance with legal protocols and facilitates a smooth process.
"If they want to do it on their own, go straight to the Federal Circuit and Family Court of Australia. If it's somewhat complex for them, seek advice from the community legal services, or hire a lawyer if you can afford consultation."
Cost of divorce
For a straightforward divorce it can cost around $2,000 to $3,000 (Lawyer's fee) plus the court fee of $1,090.
Preventive measures
Preventive steps, such as counselling through services like Relationship Australia, can help salvage relationships before resorting to divorce.
Divorce proceedings in Australia have streamlined over time, prioritising efficiency and fairness. With the right guidance and understanding of the legal framework, navigating divorce can be a manageable process for all parties involved.
The content provided is for informational purposes only and does not intend to substitute professional advice.
LISTEN TO THE PODCAST
Expert explains the process and cost of divorce in Australia
SBS Filipino
09/05/202437:56
'Love Down Under' is a podcast series on SBS Filipino that explores love, relationships, and family stories.
