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Divorcing Legally in Australia

While divorcing your partner is never a pleasant decision to make, for both you, your children and family, it’s one decision that should be taken seriously and require an attorney to be processed legally.

According to the Family Law Act of 1975, which is the principle of a no-fault divorce in Australian law, when a divorce is granted, the court will no consider the reason that the marriage came to an end. The jurisdiction of Australia has the power to implement the dissolution of marriage. When a divorce is granted, there is no settlement established regarding financial support, the arrangements of children and property distribution.

Applying for Divorce

An application for divorce can be made if either you or your spouse are residents of Australia and intend to live in the country indefinitely, if either of you are Australian citizens by birth, as well as descendant of Australia or have citizenship in the country and lastly, if either of you have lived in Australia for 12 months prior to filing for a divorce.

Applying for divorce can be simple and can even be applied for online. It includes a fee but is the easiest first step of filing for divorce.

Divorce Applications

Since the law does not consider the exact reasons as to why marriage is ended, the only grounds the law except when proceeding with a divorce, is the idea that the marriage will be broken without the two people relevant to the marriage getting back together. If any children under 18 are present with a divorce, it must be established that proper arrangement is made for the children and that they are considered first above anything else.

Get Legal Advice to Assist with Your Divorce

One should hire or consult a lawyer when filing for a divorce. Getting legal advice will help you get perspective on what you’re about to enter into and if sure about your decision, help you proceed smoothly. Lawyers will help you apply the law to your case. There are free legal platforms such as the Family Relationship Advice Line that could provide you with advice regarding law proceedings.

The Cost of a Divorce

Some divorces can turn out to be quite expensive. This all depends on the reasons the divorce has been filed, whether or not the person filing for divorce and their partner do not agree on things such as finances and agreements regarding their children. In these cases, divorce might become very expensive as there will be a lot of factors involved that needs to be resolved before a divorce can be settled by law.

If you are experiencing financial hardship or hold a governmental concession card, you will be eligible to pay a reduced fee. In order to qualify, both the person who filed for divorce and their spouse must qualify for the same reduction. There are also court fees involved, which should be paid with the conclusion of the divorce.

Deportation in Australia

Australia… The land down under that promises beautiful landscapes, more biodiversity than nearly anywhere in the world, desserts, beaches that exceed your imagination and people that are both welcoming and relaxed with, just about everything. When it comes to the law, however, there are a few things that the Australian won’t compromise on when it comes to the rules and regulations of their country. This includes the deportations of individuals that are not lawfully allowed to be in their country, as well as making a point of it.

Australia is recognized as one of the safest countries in the world and they have an extensive set of processes and rules that first of all, make sure only certain foreigners get to enter the country. Apart from that, once you’re in the country and give the Australian government any reason why you shouldn’t be, they’ll send you back to your country effective immediately.

How You Could Get Deported

Non-Australian citizens can reach the status of becoming unlawful in the country in a various number of ways. This includes overstaying their temporary visa, which when breached, the visa could be cancelled, as well as be cancelled due to a consequential cancellation. If anybody provides incomplete or false information when applying for an Australian visa or passenger card or providing false documents to the Administrative Appeals Tribunal, as well as the Department of Immigration and Border Protection, could also have their visa cancelled. This could easily be detected through system checks.

Bridging the Laws of Australia as an Unlawful Citizen

Someone who has previously been unlawfully in the country and has been detained could apply for an Australian bridging visa which could release them from their current detention status. This visa can also prevent one from being detained. If a non-citizen applies for the bridging visa and it does not get processed within the prescribed time period, which usually varies between 2 and 90 days, the non-Australian citizen is eligible to be released from detention.

Committing a Crime Could Get Non-Australians Deported

If someone is a permanent non-Australian citizen, they could be deported, within a 10-year residence period, if convicted of an Australian offence paired with a sentence of imprisonment for a year or more. This, however, rarely occurs as the unlawful person’s permanent visa could be cancelled immediately and be removed from the country.

The Difference Between Being Deported and Being Removed from Australia

The procedure of getting deported and being removed from Australia is quite different from one another. Those who are told to leave the country and return to their own will usually do it voluntarily. Being removed, however, will include a more extensive process of which an officer detains an individual that is recognized as a non-citizen. There will be 2-7 days provided to for the non-citizen to apply for a visa. If not applied for within the given period or if not accepted, the non-citizen will be removed from Australia.

Criminal Law and Safety in Australia

Criminal law is a broad-spectrum of violations of the law that involves the enforcement of criminal sanctions, or rather penalties, that include either fines or imprisonment. The severity of these fines or charge of imprisonment could be either low or high and usually escalates due to acts of behaviour that are considered unacceptable go such a point that deserves punishment by the relevant state in Australia. These are also implemented if an individual is found to be a danger to society or the country as a whole.

Criminal law can be both simple and complicated at the same time. It includes a combination of both common law and legal statues that are enacted by the legislation that includes the Crimes Act 1900 (NSW).

In Australia, criminal law belongs to the domains of law controlled by different states and not the federal government. The criminal system of Australia also has their own Federal Police that plays a role in resolving severe criminal charges and crimes.

When it comes to criminal statues in Australia, just as with common law, it is also originated from English criminal law but ever since the nineteenth-century, Queensland has diverted its system to that of the Code of India. These do not necessarily constitute crimes and cover relevant sentences and penalties of diverse criminal offences, but it does, however, regulate the many issues that are faced with criminal procedures and evidence. With certain statutes, which involves laws that include transport, roads and environmental protection, these are prescribed to certain sanctions for specific offences which have been committed in areas of social relations.

Why Australia is Considered to be One of the Safest Country’s in the World

Australia’s criminal analysis overall portrays that the country is relatively safe and one such that is a lot safer than most countries around the world. Each and every country has crime and that is and always will be inevitable, but the scale is much lower. If you compare Australia to countries such those of South America, the Middle East, Africa and even the U.S., there is a big difference. This might be due to the fact that not only is Australia an extremely strict country with a juridical system that is unlike most in the world, it is also a country that values equality and fairness which are two factors that many tend to lack abroad. It is also a country that does not compromise on justice and has one of the best law-systems in the world. Another thing about Australia that stands out is the fact that they do not accept just anybody into their country. It is a very difficult process to relocate to this country.

Common Law Rights of Australia

The common law rights of Australia are based on the common law of England. The law is named as “common law” as to indicate that the law applicable to everyone in the country. The common law system of Australia is also known as Australia’s legal system where both the domestic and international people of the country are treated equally in the country. The government makes sure that fair judgement is provided to all the citizens of the country.

The Australian law system has two parties who present the case against each other while there is a third party who is the judge who presides over the case. However, the witness is not handled by the judge in the adversarial system. The judge has to make the decision based on the discussions and the witnesses that were provided.

Constitution of Australia:

Commonwealth constitution is the first institution of law in Australia at a federal level. Every state in Australia has its constitution, and it consists of federal government, parliament, courts and creation of states. The commonwealth constitution always overpowers the laws made by the state legislature. One the federal government can enact legislation which is given by the constitution.

The division of power in Australia law:

Constitution has the role of dividing the power between the Federal and the state legislatures. Both the state and central government can exercise the powers, but when there is a conflict, the law of the Commonwealth will prevail. Some of the federal powers include interstate trade and commerce power, external affairs power, weights and measures, the influx of criminals, bills of exchange, uniform railway systems, insurances apart from state insurance, marriage and divorce etc.

Executive power:

The executive power is vested upon the Queen of Australia who is represented by the Governor of the country. The legislation is signed by the Governor and the executive council consist of all ministers of the crown.

State Government:

Every state in the country has a parliament, and this includes the two territories as well. The houses are named after the legislative assembly and the legislative council. The Legislative Assembly is often known as the lower house, and the Legislative Council is known as the upper house. The person who leads the government is called a Premier, and you have a preferred form of voting. Whenever there is an overlap between the laws of two states, the Federal law takes precedence. The states also receive GST taxes.

Local Government:

There are about 565 local government bodies in the country which includes regional, metropolitan, rural, indigenous communities etc. Some of the responsibilities for these local governments include infrastructure and property services like building roads, drainage, footpath, bridges etc. Provision of recreation facilities for the people like the construction of swimming pools, sports centres, stadiums etc. The Local government also has to look into the health services and provide basic needs such as water, immunisation, toilet facilities etc.