Australian Divorce System Research

Divorce system has been paid much attention by sociology and family law theory, but there is still some defect on the legislation and judicial practice on divorce system in China. Australia is of the third highest divorce rate in the world, and there is much efficient legislation on divorce system. Research on Australian divorce system can exert a profound influence on the basic function of comparative law, deepen the academic theory of foreign family law, develop the Marriage Law theory of our country and prepare more references for the amendment of Marriage Law in China. Nowadays, there are few works on foreign divorce system, and researches on Australian divorce system are fewer. Mr. Jiang Ping, a famous expert on foreign civil law and professor of China University of Political Science and Law, said that researches on comparative law should be done from Britain, America, Germany, France, Japan to other countries, such as Australia. And here, the writer introduces Australian divorce system by the way of procedure law and entity law first, then analyses its legislation characteristics, and at last gives some legislation suggestion on the perfection of divorce system in China on the basis of Australian beneficial legislation experiences and Chinese reality.This article is of four parts, including about 40,000 words.The first part: History of Australian Divorce System. And the history is divided into four periods: free divorce in ancient aborigines; forbidden divorce in the year of 1818-1857; fault divorce in the year of 1857-1975; break divorce in the year after 1975.The second part: Introduction of Australian Divorce System. This part introduces it by the way of procedure law and entity law. The introduction of procedure law includes jurisdiction in matrimonial causes, specific procedure of matrimonial causes, the legal reason of divorce and the legal aftereffect of divorce, and etc. And the introduction of entity law is described from the point of spousal personal...