Divorce Guide

Divorce Guide

Divorce laws in Australia

If you are living in Australia and want to get divorced then mind it, getting divorced here is not just a piece of cake. To get a divorce in Australia, one needs to follow strict rules and stick to the laws and then only after a certain period of time a couple can get be divorced. As per the Australian laws, an Australian couple cannot decide without the consent of the court to get divorced. They even cannot expect the entire process to wind up within few months as here in Australia, it takes nothing less than a years’ time to get divorced. There are numerous stipulations which must be followed and then only a couple gets eligible to be divorced.

As per the Australian laws, one party cannot be held solely liable for a divorce. In the Family Law Act, 1975 it is mentioned that the only cause which is legally responsible for a couple getting divorced is the irretrievable breakdown of marriage.

The consideration which must be followed by a couple getting divorced in Australia is that they need to stay separated legally before they put forward an application of divorce before the court. It is not prohibited for the couple to stay under the same roof but the dependency, love affection and all the factors which makes a couple a couple should be eliminated in this time period. After the twelve months are over and the thirteenth month of separation begins an application for divorce can be filed by the couple.

Lastly the law also mentions that either one or both of the parties can apply to get a divorce. It is not mandatory that the wants of both the parties coincide and then a divorce can happen. The divorce laws in Australia are applicable on marriages that took place in Australia as well as on the marriages which took place elsewhere. If the marriage took place elsewhere then either the wife or the husband should be an Australian resident or should be domiciled in Australia or lastly should be an Australian resident for at least a year.

If the given conditions are satisfied then it becomes easier for couples to get divorced in Australia.

Divorce in Australia

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Child Support in Australia
Divorce Laws in Australia
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Filing for Divorce in Australia
No Fault Divorce in Australia
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