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Divorce Guide |
Grounds of no fault divorce in AustraliaThere are certain grounds on which a couple can obtain divorce. These are determined by the divorce laws of the land and are followed strictly. The no fault divorce was introduced in Australia in the year 1975. Before that, there was fault-based divorce based on the Matrimonial Causes Act of 1959. Grounds of Fault Divorce in AustraliaThe divorce laws prior to 1975 were based on the proven fault of one or both the spouses involved in a divorce. There were about 14 grounds on which you could apply to dissolve your marriage. These grounds include adultery, desertion, habitual drunkenness, insanity, cruelty, separation for more than 5 years, etc. It was a big deal to prove the fault and get divorce. There was detective work involved which was expensive and time consuming. A lot of paperwork, collection of evidences, witnesses, etc was also involved. This fault divorce was so designed to protect the institution of marriage and help couples with genuine problems. However, many couples who were bored or disillusioned fabricated evidences to get divorce. In the year 1975, adultery, separation, cruelty and desertion accounted for about 94% of the divorces. All this stopped with the introduction of No fault divorce in 1975. Grounds of No Fault Divorce in AustraliaThe only ground of no-fault divorce in Australia is the irretrievable breakdown of marriage. This is the one and only reason that is sufficient for you to apply for no fault divorce in Australia. In this case, there is no need to prove any fault on your partner’s side. You can get a divorce when you prove that your relationship is broken down. This can be proved by the separation of a year by the couple before they file for divorce. This way a broken marriage can be dissolved in a dignified and inexpensive way. There is no need of divorce lawyers and all you need to do is just fill the divorce application and pay the filing fees. In case there are no children below 18 years involved, there is no need to go to the court. In No fault divorce, the couple states the date of separation, which need not be proved in the court of law. Evidence in the form of signed affidavits from witnesses is sufficient. Couples married for less than two years need to attend counseling sessions before applying for divorce. In case children below 18 years are involved, the court makes sure that all arrangements are made for the child’s welfare and development under all circumstances. The privacy of all the parties involved is respected. There is a debate over the merits and demerits of fault and no fault divorces. However, the No-fault divorce is simpler and prevents wastage of money. It saves the family from embarrassment and is much more convenient.
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Divorce in Australia
Divorce Advice for Australians Divorce GuideDirvorce in Europe
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