Divorce in Australia Know your rights
Divorce in Australia The No Fault Principal Divorce in Australia follows the no fault principal, which was established by the Family Law Act 1975. This means that the court does not need to know the reason for the divorce, just that the marriage has broken down irretrievably. When can I apply for a divorce in Australia? To apply for divorce in Australia, you and your spouse must have separated at least 12 months ago. In addition, one of you must be an Australian citizen, or must regard Australia as their home and be living in Australia. If you have been married for less than two years you will also have to participate in.
Counselling to discuss the possibility of reconciliation, prior to making the divorce application. How do I apply for a divorce in Australia? You can apply for a divorce in Australia by filing an application online, or by completing the necessary forms and posting them to a Family Law Registry for filing. You will need to send: â€¢ an Application for Divorce form which has been signed and sworn or affirmed by a lawyer, Justice of the Peace, or an accepted witness. You must include the original document and two photocopies. â€¢ a photocopy of your marriage certificate. This does not need to be sworn, affirmed or.
Certified. â€¢ all other documents you think might be relevant to your application, such as a certificate of your citizenship or a photocopy of your visa. You should include three copies of each document in your application. Can I apply for a divorce as the sole applicant? If the divorce application is made by you alone as a sole applicant, you will have to serve a copy of the application on the other party. You, the applicant, will have to provide evidence to the court that the application has been served and received by the other party. This is normally done by filing an Affidavit of Service with the Court. The other party may then file a Response to.
Divorce if they disagree with any of the information provided on the application or if they oppose the divorce. There are very few opportunities to oppose the divorce unless the parties have not been separated for 12 months or if the court does not have jurisdiction. If the other party does not oppose the divorce then they do not have to attend the hearing. You, the applicant, will also not have to attend the hearing if there are no children under 18 and you have filed the Affidavit of Service providing evidence that the application has been served. Difficulties with service If you do not know the location of your exspouse or have difficulty serving the divorce application,.
You will have to apply to the court through your divorce lawyer for substituted service or dispensation of service. Substituted service allows you to serve the divorce application on a family member who has contact with your exspouse or at their place of work. The dispensation of service is granted only in specific circumstances as it means that a divorce will be granted without the other party being made aware that the hearing is taking place. If you were married overseas and now live in Australia, you can still apply for divorce in Australia. You must supply a copy of the marriage certificate along with an English translation, if applicable. Either you or.
Your exspouse must be an Australian citizen, or one of you must have resided in Australia for longer than 12 months and intend to live here permanently. How long until the divorce is granted? The divorce is normally granted one month and one day after the hearing. If you are planning on remarrying you should wait until the divorce has been granted before making preparations. Not all divorces are finalised at the first hearing. In some situations the court will require further proof of the date of separation, or that adequate arrangements have been made for any children under the age of 18. Will the divorce resolve my children and property.
Issues too? The granting of a divorce does not deal with issues about property or make formal parenting orders. These must be dealt with separately to the divorce application. Decisions about property and custody issues can be done any time after separation and up to 12 months after the divorce has been granted. What to do next If you or someone you know wishes to apply for a divorce, or has been served with an application for divorce, it is important to obtain legal advice as soon as possible. Go To Court Lawyers operate a Legal Hotline on 1300 636 846 where you can talk directly.
The Myth of the Gender Wage Gap
Women in the United States and in Western Europe are the freest and most liberated in human history. In many ways they are not merely doing as well as men, they are doing better. Women’s emancipation is one of the glories of Western civilization and one of the great chapters in the history of freedom. So, why then are those in the women’s movement, such as the leaders and members of activist groups like the National Organization for Women, the professors in Women’s Studies departments at our colleges, and many women in the media, why are they still so dissatisfied? These feminists hardly acknowledge women’s progress.
Yes, they concede, that some advances have been made, but the fact that most women reject their activist brand of feminism and think of themselves as free is, for this crowd, proof of just how entrenched patriarchy and inequality truly are: women are so oppressed, they don’t even know it. Year after year these activists make claims about women and violence, women and depression, women and eating disorders, women and workplace injustice to support their views. Over the years, I have looked carefully at many of these claims. What I have found is that much of the supporting evidence, mostly victim statistics, is misleading and often flat out.
Wrong. Consider the issue of the socalled gender wage gap. How many times have you heard that, for the same work, women receive 77 cents for every dollar a man earns? This charge is constantly repeated by feminist activists and their supporters, yet it is so deeply misleading as to border on outright falsehood. The 23cent gender pay gap is simply the difference between the average earnings of all men and women working fulltime. It does not take account for differences in occupations, positions, education, job tenure, or hours worked per week.
Now, wagegap activists in groups like the American Association of University Women or the National Women’s Law Center they say, no, no even when you control for these factors, women still earn less. Well it always turns out that they have omitted one or two crucial data points. Take the case of s. On the surface, it looks like female physicians are clearly victims of wage discrimination they appear to earn less for the same work. But dig a little deeper beneath the surface and you find that women are far more likely than men to enter lower paying specialties like pediatrics or family medicine than higherpaying cardiology.
Or anesthesiology. They are also more likely to work part time. And even women who work full time put in about 7 percent fewer hours than men. Women physicians are also far more likely to take long leaves of absence usually to start a family. Now, there are exceptions, but most workplace pay gaps narrow to the point of vanishing when one accounts for all of these relevant factors. Now, how do the women’s advocacy groups react to this? They insist that women’s choices are not truly free. Women who decide, say, to stay home with children, or to work fewer hours, or to become pediatricians rather than heart surgeons, are held back by.
quot;invisible barriersquot; or internalized oppression. According to the National Organization for Women, powerful sexist stereotypes quot;steerquot; women and men quot;toward different education, training, and career pathsquot; and family roles.quot; But is it really social conditioning that explains women’s vocational preferences and their special attachment to children? Perhaps in the pursuit of happiness, men and women take somewhat different paths. And, isn’t it more than a little patronizing to suggest that most American women are not free? They’re not selfdetermining human beings?.
And here is a common sense proof that the malefemale wage gap is untrue. If it were really true that an employer could get away with paying Jill less than Jack for the exact same work, wouldn’t most employers fire as many of their male employees as possible, and replace them with females, and enjoy a huge market advantage? As a regular campus lecturer, I routinely encounter students who have fully accepted the feminist propaganda. American college women are arguably the most fortunate, liberated beings on the planet yet in their feminist theory classes they are likely to learn that they are put upon and tyrannized by men. And the more elite the school, the more advanced.