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Divorce Guide |
Legislation for No fault divorce in AustraliaNo fault divorce is the only basis on which you can obtain divorce in Australia. The Family Law Act, 1975 takes care of all the matters regarding divorce and separation in Australia. Need for legislationPrior to 1975, the family matters were under the Matrimonial Causes Act of 1959. The Act had fourteen grounds for divorce and only one of them was a no fault ground. Rest all the thirteen were fault based grounds of divorce. This created a lot of confusion and complications while any one applied for divorce. The grounds of divorce had to be proved in the court. All this took a lot of time and money of the applicant. There was a need to take help from the divorce lawyers, detectives, etc to get evidence. Most of the times, false witness were given, wrong evidences presented to get divorce. All this was damaging the institution of marriage and added to the complications. To avoid all the confusion, the Australian government under the leadership of Prime Minister Whitlam passed the Family Law Act. The main purpose of the Act was to introduce the no fault ground for divorce replacing the fault basis of divorce. The powers were distributed between the Center, states and the local government. The family law Act came into existence in 1975. It is an act passed by the Australian parliament. The subjects relating to divorce and separation in Australia are federal subjects. The act has much broader areas like distribution of property, child custody, child support, spousal support, etc. The Act also made arrangements to provide support in terms of legal, emotional and financial to the family facing divorce. These services are:
Amendments to the legislationThere have been numerous amendments to the legislation of no fault divorce in Australia. The amendments in the Act reflect the winds of change in Australia. It also reflects the progress in the mindset of the Australian people with regards to the matters of divorce and separation. Earlier, the act dealt with children of marriage or adopted into the marriage. Later amendment made in 2006 added ex nuptial children in the act. The amendments also accepted role of women as home makers and provide greater share in property. The amendments have also added to the responsibility of fathers in arranging parenting and related matters. Creation of courts and Family ActThe Family Courts of Australia were created as a result of this Act. The courts enjoy status equal to the Federal courts. All the matters concerning divorce, separation, child custody, etc are dealt here. The courts have powers to take decision regarding domestic violence, parenting, division of property after divorce and separation, etc. the court has the powers to enforce its decisions and hand punitive sanctions to people violating the court orders. The legislation for no fault divorce in Australia is very progressive. It has created things like, no fault base of divorce, Family courts, etc. All this has simplified the social life of Australian citizens. The amendments in the legislation further simplify the Family Law Act and the provisions in it.
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Divorce in Australia
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