Friday, May 20, 2005

And it's off to court we go...

Well, off ~I~ go, anyhow. Yesterday I filled for Divorce here in Australia. After some cohercing and eyelash fluttering, I was able to convince the clerk to change the appointed hearing date from the intial August 8th date back to July the 5th.

So, on that date, I appear and if required, present evidence to the judge that I consider Australia home and therefore, should have the case decided here. Given that I will have with me a local boy who apparently wants to marry me or summat, and who has in the past year bought property and a vehicle here, it should be fairly evident that we plan to remain. That, in combination with my bank and credit accounts locally, and my local car insurance and positon as manager on his aformentioned property shoudl be enough to establish local ties. So I think it will be ok. And sicne there is no dispute from former partner regarding the divorce, the property settlement was arranged amicably years ago, and there are no children, then the divorce itself could not be simpler.

Supposing the judge agrees and grants the divorce, the Boi and I can and will be married on the 6th of August. So we can then present the immigration application on the 8th of August. Considering my visa expires on the 12th, thats still cutting it VERY fine.

But having a hearing date is a big step and a huge relief. I'm relatively confident we can satisfy the courts about why I want to process the divorce here. The timing still makes me nervous, but making an actual move rather then sitting in stasis is a GOOD thing, and we are very "Yay!" about it all.

Meantime, the ex is pigheadedly refusing to accept the Norwegian refusal and is launching another divorce application there, under a different section of the Marriage act. I've read the accompanying legislation, and while I understand why he thinks he has a chance, I also think he is grossly missinterpreting the law and their ability to bend definitions to suit his purpose.

But he has chosen to fight that battle, and so I've signed the documents and will let him wear himself out on that avenue too, if it makes him happy. I think his energy would be far better used elsewhere, but on the other hand, I know I'm exhausting every loophole I find, so I can understand hima attempting the same. In any case, the two applications do not affect each other and are legal; whichever one is granted first is the one that will count, and we have the obligation to inform the other government of the divorce being finalized elewhere.

Upwards and onwards!

2 comments:

Anonymous said...

YAY! Fingers crossed!

Anonymous said...

Fight one more round. When your arms are so tired that you can hardly lift your hands to come on guard, fight one more round. When your nose is bleeding and your eyes are black and you are so tired that you wish your opponent would crack you one on the jaw and put you to sleep, fight one more round - remembering that the man who always fights one more round is never whipped." - James Corbett

P x