‘No fault’ divorce means that a couple can legally end their marriage without needing to prove that one spouse is responsible for the breakdown of the relationship. In Australia, this principle is governed by the Family Law Act 1975 (Cth), which removed the need for allegations of wrongdoing, such as infidelity or cruelty, as a basis for divorce.
Key features of no-fault divorce in Australia
- No blame required
- The court does not consider why the marriage broke down or assign blame to either party.
- The focus is on whether the marriage has irretrievably broken down.
- The sole ground for divorce
- The only legal requirement for divorce is proof that the marriage has broken down irretrievably.
- This is demonstrated by living separately and apart for a continuous period of at least 12 months.
- Separation while living together
- Couples can be considered separated even if they live under the same roof due to financial or practical reasons.
- In such cases, evidence (e.g., affidavits) must be provided to show that the relationship has ended.
- Court’s role
- The court does not investigate the reasons for the breakdown but ensures that legal requirements are met and that arrangements for children under 18 are in place.
How no-fault divorce works in practice
- Separation period: You must demonstrate 12 months of separation and one day of before filing for divorce.
- Application: Either spouse can apply for a divorce individually, or both can apply jointly.
- Children’s arrangements: If there are children under 18, the court must be satisfied that proper arrangements have been made for their care and welfare.
Benefits of no-fault divorce
- Simpler process: Eliminates the need to prove wrongdoing, reducing emotional and legal conflict.
- Encourages resolution: Focuses on practical issues like property settlement and parenting arrangements, rather than assigning blame.
- Fairer and faster: Shifts the emphasis to resolving financial and custody matters without dragging personal issues into the legal process.
In summary
No-fault divorce reflects the understanding that relationships can break down for many reasons, without the need to blame one party. It allows couples to end their marriage respectfully and efficiently, with the court focusing on ensuring fairness and the best interests of any children involved.
Do you have more questions? Call Orman Solicitors on 1300 676 267 today for an obligation-free 15 minute consultation.