The recently popular variety programme “See You Again” is a marriage documentary reality show. Three couples facing relationship crises board two campervans from episode one and embark on an 18-day journey.
They are at different emotional stages: one couple married for 10 years and divorced for 1; one considering divorce; and one that has just signed the divorce agreement and is currently in the divorce cooling-off period.
The one thing they share is that they all need to find their own answers during the trip. This, in turn, reflects the show’s theme: at the end of the journey, is it “Goodbye, Lover”, or “Let’s Meet Again, Lover”.
Meeting someone is itself a matter of fate. If the bond runs deep, you hold hands and grow old together; if the bond is thin, part well and wish each other well. Perhaps you did not walk hand in hand to the very end, but in the end we still hope that everyone we have loved is doing well.
So, some readers have asked: speaking of China’s divorce cooling-off period —
How do China and Australia each dissolve a marriage?
China: 30-day divorce cooling-off period
According to Ministry of Civil Affairs regulations effective from 1 January 2021, couples seeking a mutual-consent divorce through the Civil Affairs Bureau must go through five steps: application, acceptance, cooling-off period, review, and registration (issuance of the divorce certificate). Within 30 days after the end of the cooling-off period, both parties must appear together at the marriage registration authority to collect the divorce certificate; failure to do so is treated as withdrawal of the divorce application.
There are two ways to divorce. One is mutual-consent divorce. The other is divorce through litigation.
The preferred option is to divorce by agreement. However, a mutual-consent divorce requires that both parties reach agreement on whether to divorce, property division, debt allocation, child custody, and so on. Otherwise, a negotiated divorce is not possible and the matter can only proceed through litigation.
Provisions of the Civil Code
Article 1077: Within 30 days from the date the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, that party may withdraw the divorce registration application from the marriage registration authority. Within 30 days after the expiry of the period specified in the preceding paragraph, both parties shall appear in person at the marriage registration authority to apply for issuance of the divorce certificate; if no such application is made, it shall be deemed that the divorce registration application has been withdrawn.
Australia: 12 months of separation required
Under Australian law, provided one of the spouses is an Australian citizen, is permanently domiciled in Australia, or has lived in Australia on a substantive visa for 12 months, they may apply to the Australian court for divorce.
The divorce procedure must be initiated by one or both spouses applying to the federal court, and a Divorce Order issued by the court for the divorce to take effect. Before applying, the spouses must generally have been separated for at least 12 months.
In Australia, Separation means that you are no longer living together as a couple. For marriages of less than two years, it is also mandatory to first attempt mediation through a third-party counsellor before applying for divorce. It is worth noting that in Australia, divorce, property division, and child custody are three entirely separate matters. At the time of divorce, the parties do not need to have reached agreement on property or custody; these can be dealt with separately from the time of separation, and no later than 12 months after the divorce order is made.
If, because of the pandemic, you cannot live separately in two residences, does one spouse have to move out of the home?
This situation is commonly referred to as “separation under one roof”. Under family law, if the parties no longer live or socialise together as a couple, this is recognised by the court as a form of separation, even if they remain in the same home.
Other readers have asked: if love is meant to last, you will want to obtain a certificate —
How do China and Australia each recognise a marriage?
China: certificate issued on the day
How to get married
Where both parties satisfy the requirements of the Marriage Law, obtaining a marriage certificate involves three steps: application, review, and registration.
Place of registration
The marriage registration authority of the place where either party’s household registration (hukou) is held.
Time frame for registration
If all required documents are in order, registration is completed on the spot and the marriage certificate is issued.
Fees
Domestic marriage registration: 9 yuan per couple.
If both parties are non-Chinese citizens, can they register a marriage in China?
The answer is no. From 1 April 2019, where both parties are non-Chinese citizens, China’s Ministry of Civil Affairs will no longer handle their marriage registration.
Australia: 1 month and 1 day cooling-off period
How to get married
In Australia, there are three ways to get married:
1. Births, Deaths and Marriages Office (“BDM”)
Getting married at the Births, Deaths and Marriages registry. Two witnesses must sign. This office only handles the three matters of a person’s birth, death, and marriage.
2. Authorised marriage celebrant
Getting married before a government-authorised celebrant. In Australia, some lawyers are government-authorised celebrants. With this option, as long as the celebrant is present, the location of the wedding is not restricted.
3. State officer and religious minister
A church wedding, that is, a marriage conducted in a church and presided over by a minister, at which the parties exchange vows.
Cooling-off period
Once the method has been chosen, the parties must, at least one month and no more than 18 months before the wedding, notify a Marriage Celebrant or the Registry of Births, Deaths and Marriages by lodging a Notice of Intended Marriage (NOIM).
After the cooling-off period, the parties can set their own time and place to hold a legally valid wedding ceremony. If the wedding is not held within 18 months of lodging the NOIM, the NOIM automatically lapses. If either or both parties change their mind about getting married, they may notify the registrar at any time to cancel the NOIM.
Marriage certificates
Australia issues two legally valid marriage certificates.
The first is issued by the celebrant to the couple on the day of the wedding; the second is issued to the couple by the government after the wedding.
The second marriage certificate, the Registered Marriage Certificate, is applied for with the celebrant’s assistance and is typically posted to the couple’s nominated mailing address about 1–2 weeks after the wedding.
NS Legal tips
Notice of Intended Marriage (NOIM). A NOIM is a formal declaration of the intention to marry. After lodging the NOIM, the parties must wait out a one-month-and-one-day cooling-off period before the wedding can be held; no wedding ceremony may be held during the cooling-off period.
If both parties are non-Australian citizens, can they register a marriage in Australia?
The answer is yes. As long as both parties are at least 18 years of age, they can register a marriage in Australia.
