Divorce Guide

Australian no fault divorce laws

Australia follows the Family Law Act of 1975. The Australian Family Law covers all the matters related to divorce and other family matters in Australia. The fault basis of divorce is no more applicable for divorce in Australia. The grounds of divorce are no fault divorce. Hence, the Australian divorce laws are also called as Australian no fault divorce laws.

Who can apply according to Australian no fault divorce laws?

1. The couple that wishes for divorce should be a citizen of Australia or they should consider Australia as their home.
2. They should follow the period of separation of one year before applying for divorce in Australia.
3. They can also follow separation under one roof, but may need witness to prove it in the court of law.
4. The couple may need to undergo counseling if they are married for less then two years.

Divorce under Australian laws

1. The couple will have to apply in the family court in Australia or a federal court if it fulfills the criteria.
2. The application may be joint application or a sole application.
3. In case of joint application, the couple may not even need to attend the hearing of divorce.
4. If the application is a sole one, there may be a requirement to attend the court hearing.
5. However, if there are any children below 18 years, involved in the divorce, it is compulsory to attend the hearing.

Divorce laws in Australia and children

The Family laws in Australia are responsible for children involved in divorce. The word custody was replaced by residence or live with the amendments in the law. The divorce laws have framework for parenting arrangements. The best interest of the child is considered.

The fault element related to divorce in Australia is still there and is applicable only for the child custody and property settlements in Australia.

Jurisdiction of Australian no fault divorce laws

Australian no fault divorce laws are applicable to all the Australian citizens. All the people residing in all the states and territories in Australia are covered by these laws. However, the only exception is Western Australia. Western Australia follows the Family court of Western Australia and the Act of 1997.

The Australian no fault divorce laws have made the lives of Australians smoother. The fault based divorces are very complicated and deteriorate the relations further. The fault had to be proved in the court of law. This was a tedious process and it consumed a lot of time and money. The recent no fault divorce laws in Australia are much simpler. They are very convenient and a couple can get divorce on the basis of irrevocable damage to the marriage.

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
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Post Divorce Financial Advice