Divorce The Australian Way: 3 FAQs

Posted on: 11 May 2016

Unfortunately, not all couples get to have a "happily ever after" kind of marriage. As painful as it may be, divorce is a harsh reality for a large number of Australian couples.

It is only logical that a spouse looking to file for a divorce will have a number of questions in relation to what is required of them as they plan to go separate ways with their (former) loved one. This article provides answers to three questions that a prospective divorcee may have.

Are Court Appearances Mandatory?

This is often the number one concern for a large number of spouses. A large number of prospective divorcees would rather avoid being present at the courtroom during divorce proceedings. Perhaps this is because making an appearance might stir up unwanted feelings and emotions towards the other spouse.

The answer to the above question depends on a number of factors. For example, it is not mandatory for (both) spouses to appear in court if there are no children in the marriage. This also applies for prospective divorcees whose children are above the age of 18.

Spouses who make a joint application for divorce are also not mandated to attend proceedings, while those who make a sole application are required to be in attendance if there's at least one child of the marriage below the age of 18.

Who Is Considered A Child Of The Marriage?

Contrary to what a large number of prospective divorcees may believe, children of a marriage are not the biological children of the two spouses only.

The term "child of the marriage" is used to make reference to the couple's biological children, children who may have been adopted by the couple during the marriage and children who were treated as family members before the couple decided to go their separate ways (e.g. foster children and step-children).

Can Divorce Fees Be Waived?

There's no doubt about the fact that divorce can be a costly affair. The good news is that prospective divorcees don't have to stick around simply because they're unable to raise the requisite divorce fees.

Prospective divorcees who are unable to pay the full divorce fees are advised to apply for a reduction of divorce fees. In their application, prospective divorcees are required to prove that the state of their daily expenses, assets, liabilities and income do not allow them to pay the requisite fees in full without them being thrown into a state of financial hardship.

For answers to further questions about divorce the Australian way, make an appointment with experienced divorce lawyers of good repute.


Family, Divorce and Immigration Law: A Blog

Welcome to my blog. My name is Carrie. A few years ago, my husband and I got a divorce. It was complicated because my husband was from abroad, and he was still in the midst of his immigration process during the divorce. Luckily, we both had amazing attorneys who were knowledgeable about divorce, child custody laws and immigration. My ex-husband's attorney helped him switch his visa application from one based on our relationship to one based on investments, and he helped with every other aspect of the divorce as well. My attorney provided me with a wealth of help and information. In this blog, I am going to write about the intersection of divorce and immigration law as well as about topics like sharing custody with a partner in another country. I may delve into other law topics as well. I hope you find these posts useful. Thanks for reading.

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