How do Australian immigrants handle divorce disputes

Australia has set up special courts in state capitals and major towns to deal with legal disputes related to divorce. Australian Family Court belongs to the series of federal courts and is a high court, which is composed of the Chief Justice, the presiding judge and other judges. The court also has several judicial clerks and court advisers to cooperate with the judges in handling cases. Appeals can be made to all members of the family court against the decisions of family court judges or the decisions of state family courts exercising federal jurisdiction. Let's take a look at how Australian immigrants handle divorce disputes with overseas immigration networks.

First, no-fault divorce

Australian Family Law 1975 stipulates that applicants do not need to prove that they are at fault, that is, the principle of no-fault divorce. This means that the court can't think that either spouse is at fault in the breakdown of marriage. The only reason for the irretrievable breakdown of marriage is the separation of husband and wife 12 months.

Second, the responsibility of parents (Parental Responsibility)

The Family Act emphasizes the responsibilities of parents, which considers that:

Before the child 18 years old, both parents should take care of and raise the child.

In the best interests of children, the bill makes arrangements for both parents to share the responsibility of raising children.

Third, the best interests of children.

When making decisions involving children, the court must make decisions in the best interests of the children. The court should consider the following points to decide what is the best interest of the child: the relationship between the child and his parents.

Children's requirements and factors that may affect parents' commitment to their children's requirements, such as their age.

The influence of separation from parents or other children on children.

We should consider the practical difficulties of single parent raising and the cost of children.

The ability of both parents to raise their children.

The age, gender and cultural background of the child (including any need to preserve the indigenous and Torres Strait Islander cultures). Protect children from any physical and psychological harm caused by abuse and violence.

Parents' attitude towards their children and their responsibility to raise their children.

Any violence and violent orders in the family.

Whether the court's decision will lead to further application.

Any other factors that the court considers relevant.

Four. Property Disposal in Divorce Disputes

The basic principles for family courts to solve economic disputes are based on the following points:

Calculate your income and debts, including your assets, debts and their values.

Consider direct or indirect financial investments in marriage, such as wages and salary income. Consider indirect financial input, such as gifts and family inheritance.

Consider non-financial investments in marriage, such as taking care of children and sharing housework. There are also some factors, such as the standard of living during marriage and the duration of marriage.

Future needs-the court should consider age and health status.

Future ability-financial resources, the ability and income to take care of children, the child support expenses being paid and to be paid, the financial situation of the people living with you at present, and any legal responsibilities for raising other people in the family.

Verb (abbreviation of verb) reconciliation in divorce disputes

The key for the family court to handle divorce disputes is to mediate the parties to reach a divorce agreement, rather than hearing the case first and then making a judgment. This is also the most appropriate way for Australian judges to deal with it.

Forced reconciliation and persuasion of intransitive verbs

If the original defendant has been married for less than 2 years, he must accept the compulsory reconciliation and persuasion of the family court, and the original defendant should consider the possibility of reconciliation with the help of court consultation. If you have been married for more than 2 years, cases without property disputes can go to court directly without reconciliation, and cases without custody and inheritance rights can also go to court directly.