Obtaining a divorce may be complicated and stressful emotionally, financially and physically. Likewise, there are requirements in bringing a divorce, so it can be sanctioned by the government of your residency.
If you are thinking of getting a divorce, you have to determine if you truly desire a divorce and how to get one. Once you have thought about it, employ a representation or a divorce lawyer.
Take into account, where you want to file the divorce because there are certain requirements you need to comply. This is because divorce laws vary in each region of the world. If you are living or planning to get divorced in New Zealand and Australia, you may read the following guide to getting a divorce:
Table of Contents
In New Zealand, the Family Court or the civil union can dissolve your marriage if you satisfy the accompanying conditions. In one illustration, you comply with their conditions, they would take in Dissolution Order, ending your marriage.
- You must be living separately from your partner for at least 2 years or more.
- Both of you must agree on how you should take care of your children if you have children. Likewise, you must satisfy the court with your mutual arrangements for the welfare and custody of your children.
- You or your partner is domiciled, which means one of you live permanently in New Zealand or a local resident of New Zealand or born in this land. In one instance, you were born in another country, yet became a permanent resident of New Zealand, you are considered a domiciled.
- Once you satisfy the above conditions, which you must show evidence, you may now instantly employ a dissolution order to the family court. Also, there is a dissolution order fee of $211.50.
Australia’s Family Law Act 1975 stated the no-fault principle in applying for a divorce. It implies that the tribunal will not ask you the reasons for the divorce, but you must heed the following conditions to enforce for a divorce:
- You must be an Australian Citizen or acquire a permanent residency in Australia.
- You must be separated from your spouse for at least 12 months or 1 year before the outset of your divorce application.
- Once you meet the two conditions, you may apply for divorce online or joint or sole application. For online, you can get the application from the Family Law Courts website. No need to go to court if you are applying for joint application. Meanwhile, for the sole application and with children under 18 years old, you need to go to court and attend the hearing.
- You necessitate paying the filing fee of $900 for the application of divorce.
- The Family Law Court will ask for evidence of the date of separation and the proper arrangements for the custody of children below age 18.
- If the Family Law Court will approve your divorce, it will be awarded one month and one day after the hearing.
The Bottom Line
Applying for a divorce can be a lot less stressful if you consider taking legal advice from professionals. You may take into account the cross-border lawyer, who is consulting clients globally and specialises in New Zealand and Australia.