Keep it, just in case you need it! Do you know how to go through the "marriage"/"divorce" procedures in Australia?
"Chinatown"-Official media of Chinese Australians
Whether you are married or divorced, you need to understand the procedures for these two matters if you live in Australia. The following editor briefly introduces how to "marry" and "divorce" in Australia!
1. Wedding reservation:
The groom and the bride must notify the Marriage Celebrant of the marriage date 1-6 months in advance. The wedding host is a qualified host registered in the Australian government; a form "Notice of Scheduled Marriage" ( Notice of Intended Marriage).
2. Wedding registration:
The wedding host will submit the form to the Australian State Bureau of Births, Deaths and Marriage Registration (such as New South Wales of Births, Deaths and Marriage); the Bureau of Births, Deaths and Marriage Registration will receive the form within 15 working days. Register the marital status.
3. The wedding is held:
出生、死亡和婚姻登记署为申请人举行婚姻的日期是每周一10:00到16:00、周三10:00 到16:00、周五10:00到16:00和18:00到19:30、周六9:00到16:30；申请人可以在递交申请后，预约合适的日期和时间。婚礼厅可以容纳新郎和新娘的10名客人。出生、死亡和婚姻登记署在全澳大利亚的主要市、镇、郡都有自己的分支机构，你可以就近选择；你也可以委托民间婚姻主持人（Civil Marriage Celebrant）为你主持婚礼。
4. Marriage age:
5. Proof of age:
The wedding host will require the bride and groom to show proof of age (such as a birth certificate); or in special circumstances, a passport or entry certificate can also be used.
6. Previous marriage:
If either party to the marriage has ever been married, then they must present to the wedding host a proof of termination of the previous marriage (such as a "divorce verdict" or a complete "death certificate"); if a "judgment" or "certificate" "Book" is not in English and must be translated by a government-approved translation service department.
7. Marriage registration fee:
Taking New South Wales as an example, the current marriage registration fee is AU$242.
8. The procedure of the wedding ceremony:
（2）新郎和新娘先后向对方发誓，比如“你愿意这位先生/女士成为你的合法丈夫/妻子吗？”（Do you take this man/woman to be your lawful husband or wife?）……回答“愿意！”（I do!）
(3) Then the bride and groom exchange wedding rings (if they wish).
(4) The bridegroom, bride and two witnesses sign the marriage certificate (The Marriage Certificate).
(5) At the end of the wedding, the wedding host will give the marriage certificate to the husband and wife.
If you fail to register your marriage in accordance with the Australian Marriage Act of 1961, you will be imprisoned and fined between A$500 and A$1000. such as:
(1) Violating Article 94 of the Marriage Law: marrying anyone without holding a qualified marriage ceremony;
(2) Violating the provisions of Article 95, paragraph 1, of the Marriage Law: failing to hold a qualified marriage ceremony and marrying a person under the legal age of marriage;
(3) Violation of Article 96, Paragraph 1 of the Marriage Law: making false oaths at the marriage ceremony
10. After naturalization, married overseas:
If you have become an Australian citizen and plan to get married outside of Australia, you should apply for a Single Status Certificate (Single Status Certificate) from the Bureau of Birth, Death and Marriage Registration.
Australia has set up special courts in state capitals and major municipalities and counties to deal with legal disputes related to divorce. The family courts in Australia belong to the series of federal courts, which are high-level courts composed of the chief justice, trial judge and other judges. The court also has several judicial registrars and court counselors who cooperate with judges in handling cases.
For a judgment of a judge in the family court, or a judgment of a state family court that exercises federal jurisdiction, the party can appeal to the full family court.
1. No-fault divorce:
The "Australian Family Law of 1975" stipulates that the applicant for divorce does not need to prove that he or the other party is at fault, that is, the principle of no-fault divorce; this means that the court cannot consider that either spouse is at fault in the breakdown of the marriage. The only reason for the breakdown of the marriage and irreversible is that there is a proof that the spouse has separated for 12 months.
2. Parental Responsibility:
The family bill emphasizes the responsibility of parents. The bill believes that before the child reaches the age of 18, both parents should assume the responsibility of caring for and raising the child; for the best interests of the child, the bill makes arrangements that include both parents sharing the responsibility of raising the child.
3. The best interests of the child:
When making a decision involving the child, the court must make the decision based on the child’s best interests. The court should consider the following points to determine what is in the child's best interests:
(1) The relationship between the child and the parents;
(2) The child's request and the factors that may affect the parents to bear the child's request (such as the child's age);
(3) The impact on children due to separation from one parent or other children;
(4) Consideration should be given to the practical difficulties of being raised by only one parent and the cost of the child;
(5) The ability of both parents to raise children;
(6) The age, gender and cultural background of the child, including any need to maintain the indigenous and Torres Strait island culture;
(7) Protect children from any physical and psychological harm caused by abuse and violence;
(8) Parents' attitudes towards their children and attitudes towards their own upbringing responsibilities;
(9) Any violence and violent orders in the family;
(10) Whether the judgment of the court will cause further applications;
(11) Any other factors deemed relevant by the court.
4. Property handling in divorce disputes:
The basic principles of family courts to resolve financial disputes are based on the following points:
(1) Calculate your income and debts you owe, including your assets, debts and their value;
(2) Consider direct or indirect financial investment in marriage (such as salary income);
(3) Consider indirect financial investment (such as gifts and inheritance from the family);
(4) Consider non-financial investment in marriage (such as the care of children and the sharing of housework);
(5) Other factors (such as living standards during marriage and the duration of marriage);
(6) For future needs, the court should consider age and health status;
(7) Future capabilities, including financial resources, the ability to take care of children and income, the child's support expenses that are being and will be paid, the financial status of the person living with you, and any legal responsibilities that need to support other people in the family.
5. Settlement in divorce disputes:
The key to the family court's handling of divorce disputes lies in mediating the parties to reach a divorce agreement; rather than having a court hearing and then making a judgment. This is also the most appropriate way in which the Australian judge believes.
6. Mandatory settlement persuasion:
If the plaintiff and defendant have been married for less than two years, they must accept compulsory reconciliation advice from the family court; the plaintiff and defendant should consider the possibility of reconciliation with the help of court counseling. The marriage has been more than two years, and cases without property disputes do not need to be settled and can go directly to court hearings; cases without guardianship and inheritance rights can also go directly to court hearings.
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