Divorce

Understanding Divorce in Australia

Divorce marks the legal end of a marriage in Australia. The process is governed by the Family Law Act 1975, which establishes the grounds for divorce and the procedures involved.

No-Fault Divorce

Australia operates under a no-fault divorce system, meaning that a divorce can be granted without proving that either party was at fault, such as infidelity or abandonment. The only requirement is that the marriage has broken down irretrievably.

Grounds for Divorce

To apply for a divorce, you must prove that:

• You have been separated for at least 12 months.
• There is no likelihood of reconciliation.

Divorce Application Process

1. Separation: Both parties must be separated for at least 12 months before applying for a divorce.
2. Filing for Divorce: Either party can apply for a divorce, or the application can be joint.
3. Court Hearing: If there are no children under 18, the court may approve the divorce without a hearing. If children are involved, the court will assess the arrangements for their care.

Dealing with Divorce Issues

While divorce itself is a legal process, there may be other matters that need to be addressed, such as:

• Parenting arrangements (if children are involved)
• Property settlements (division of assets)
• Spousal maintenance (financial support after divorce)