Divorce Guide

Divorce Guide

Filing for divorce in Australia

There are different grounds under which you can apply for divorce. These grounds are different for every country and state. The grounds of divorce in Australia are discussed in this article.

There were some grounds of divorce mentioned in the family law Act of 1975. There were about 14 grounds of divorce and most of them were for fault-based divorce. The only no fault ground for divorce was perhaps the separation of five or more years. Some of the very common grounds of divorce included in the Family Act between 1959 and 1975 are mentioned below:

  1. Adultery
  2. Cruelty
  3. Desertion
  4. Habitual drunkenness
  5. Insanity
  6. Imprisonment
  7. Separation for more than 5 years

The spouse had to accuse the other partner of any of these grounds to obtain divorce. It was difficult to prove the grounds and a lot of time and money was wasted in the process. Many a times, the evidences and witness were fraudulent and were wrongly used to obtain divorce. Proving the grounds of the divorce were very embarrassing and it involved a lot of humiliation. All this was a very torturous process and one had to hire private detectives to support their divorce claims. If the clients were celebrities, the intimate details made headlines and added to the agony of the person involved.

The fault based system of divorce no longer exists in Australia. The only ground of divorce in Australia today is the no fault divorce. There is no need to prove any fault of any person involved in the divorce. The persons involved have to prove that their marriage has broken down irrevocably. There is no chance of any reconciliation in the marriage and it has failed permanently. This ground is sufficient to get divorce in Australia.

The couple has to prove that they have separated on a particular day. They have to be separated for at least a year (12 months) before they apply for the divorce. If they have separated under one roof, they will have to prove it in the court of law. They will have to produce evidence and bring witnesses to prove this separation under one roof.

If they have been married for less than two years, they need to attend counseling sessions to work out their differences. If they are unable to attend counseling, they have to take the courts permission to apply for the divorce.

It is easy to apply for a divorce and get it done in Australia. The no fault ground of divorce is the one ground on which you can get divorce. The only important thing is that you will have to prove in the court of law that there is irretrievable breakdown of marriage. This protects the privacy of the people involved in the divorce.

Divorce in Australia

Divorce Advice for Australians
Child Custody in Australia
Child Support in Australia
Divorce Laws in Australia
Divorce & Legal Assistance in Australia
Divorce Rights in Australia
Filing for Divorce in Australia
No Fault Divorce in Australia
Post Divorce Advice
Post Divorce Financial Advice

Divorce Guide

Dirvorce in Europe

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