Everything You Need To Know About No-Fault Divorce In Australia
A common misconception that many people have is that in order to get divorced, One party must prove that the other “At fault” even though this was indeed the case earlier. Since the introduction of the no-fault divorce doctrine in 1975, this prerequisite is no longer required. This is because the Family Law Act 1975 (Cth) states that it is not illegal for a divorcee to divorce an individual without a spouse. Prove the cause Today we are going to take an in-depth analysis of no-fault divorce and everything you need to know about it. Read on to learn more.
History of Divorce Laws
Before new divorce laws in 1975, the divorce process for married couples was much longer and more difficult. Both parties seeking a divorce must still prove abuse. adultery Alcoholism, insanity, abandonment, and other reasons behind a spouse's desire to divorce. This burden of proof often leads to long divorce battles and hefty court fees for everyone involved. Not to mention the emotional and mental pain often associated with messy breakups. If there were no no-fault divorce laws A person who is in a bad marriage (unable to provide evidence) are more likely to remain unhappily married to their spouse. Fortunately, this was not the case in 1975. The reasons behind the introduction of no-fault divorce laws included:
- Eliminate religious and moral views regarding marriage.
- It promotes the idea that anyone can leave a marriage equally without breaking the law.
- and to keep the law in line with ever-changing social and cultural changes.
What are the valid grounds for a no-fault divorce?
The next question you may have is about the valid reasons for a no-fault divorce. In Australia, the only reason for a no-fault divorce is a broken marriage. It depends on which side of the pond you are on. In general, this may be called "Irreconcilable differences," "irreconcilable marriage problems," or "discord," whatever your situation may be. You can be sure that divorce is possible. If you are considering a divorce The first and most important thing to do is to contact an experienced family lawyer.
What are the benefits of a no-fault divorce?
These are just some of the benefits that a no-fault divorce can offer couples.
- No-fault divorce makes the divorce process 10 times easier and more cost-effective for all parties involved.
- A no-fault divorce reduces any hostility that may arise from the divorce. Less conflict also results in less emotional harm to dependents.
- No-fault divorce plays an important role in empowering victims of domestic abuse and unhealthy relationships to leave their marriages. Especially when there is no need to "prove" that the victim has committed a violation.
- Financial repayment will depend on your spouse's wishes. ability to pay and financial support to the family while married couples cause divorce.
Can No-Fault Divorce Be Contested?
The simple answer to this is yes. If your spouse doesn't agree with the divorce and wish to contest the divorce He or she must satisfy the registrar that there are procedural grounds for the divorce. And the registrar must proceed as follows:
- Have a valid marriage
- Australia has jurisdiction to prevent such marriages.
- There has been an irreparable breakdown of the marriage.
- The parties have been separated for at least 12 months before filing the application for divorce; and
- Arrangements have been made for some of the children involved.
- In contesting a no-fault divorce petition. The defendant must prove that one factor (or more) of the above is still not satisfactory.
Are you eligible to apply for a no-fault divorce?
Some of the current requirements for obtaining a divorce in Australia include:
- You must be separated for at least 12 months before applying for divorce.
- At least one of the parties has resided in Australia for at least 12 months before filing for divorce.
- You can satisfy the court that there is no reasonable prospect of resuming the marriage.
- If you married overseas and your overseas marriage is recognized in Australia You must provide the court with an English translated copy of your marriage certificate, if applicable.
- Suitable arrangements are in place for the care of minors or children under 18 years of age.
The first thing you should do if you are seeking a no fault divorce is to get in touch with one of our experienced family lawyers who will be able to help you figure out the process in detail and prepare the Application for Divorce. To book a consultation, simply call Richardson Murray Family Law at (07) 5619 5933 or complete the form on our contact page and we will get back to you as soon as possible.