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Divorce Guide |
No fault divorce clause in AustraliaThe family law of 1975 governs all the matters relating to divorce and separation in Australia. Earlier, the Matrimonial Causes Act of 1959 dealt with all the matters regarding divorce and separation in Australia. There were nearly fourteen grounds for divorce in Australia. To get a divorce, a spouse had to prove the fault in the court of law which was expensive and time consuming. The witnesses were false and the evidence fabricated. All this added to the complications concerning divorce and separation in Australia. The Family law Act came into existence in 1975 which introduced the no fault basis of divorce. The section 48 of this Family Law Act 1975, deals with the no fault divorce. This clause replaces the fault based divorce with no fault divorce. According to this clause of the family law, the only ground for divorce is the breakdown of marriage. According to this law, divorce can be obtained on the basis of irretrievable break down of marriage. This ground alone is sufficient for getting divorce in Australia. There is no need to prove any fault on the side of your partner. It prevents all the complications of proving the fault, getting witnesses and evidences in the court. The ground of divorce need to be established in the court and divorce can be obtained. The concerned couple needs to satisfy the court that they have separated for a period of one year and are living separately. Separation under one roof is also considered and this needs an eye witness. After completing the separation period, the couple is entitled to apply for divorce. The no fault divorce clause also states that the couple should be married for more than two years to be eligible to apply for a divorce. In case it is less than two years, the couple has to undergo counseling sessions. In case they are unable to attend the counseling, they need the special permission from the court to apply for divorce. After the application is made in the court, the couple can get divorce. This can happen only if the judge is convinced that there are no chances of cohabitation. The no fault divorce clause clearly states that, if the court feels that there are chances of cohabitation, the divorce cannot be sanctioned. The section 48 of the Family Law Act of 1975 takes care that the divorce and separation among Australian couples is fair. It takes care to protect the institution of marriage by allowing only genuine problems to be the basis of divorce. It allows divorce only for couples who are really injured and can no longer stay together. The no fault divorce also takes care to ease the breakdown and that there are fewer complications after divorce. It eases the strain and allows the family to have cordial relations with each other even after divorce. All this allows the children involved to live happily with a sole parent rather than living with a broken family. Thus, the no fault divorce clause in Australian Family Law is a boon in a disguise. It tries to help the distressed family to hold on to each other even after divorce and separation.
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Divorce in Australia
Divorce Advice for Australians Divorce GuideDirvorce in Europe
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