What is a No-Fault Divorce

One of the most common misconceptions when it comes to divorce in Australia is that one has to prove that one spouse is somehow at ‘fault’ for the divorce. However, in Australia, when separating from your husband, or wife, courts no longer consider the reasons as to why the marriage has broken down. Here’s some insight from the best family lawyers in Melbourne.

 


 


Since 1975, Australia on a purely ‘No-Fault’ divorce system means that for every divorce in Australia, the grounds as to why the relationship is now irreparable is not considered by the courts, especially when ruling on factors like child custody and property settlement.

 

When separating from your husband or wife, you will, however, need to prove that the relationship is in fact irreparable by means of a physical separation for a minimum of 12 months.

 

Understanding the ‘No-Fault’ Law

 

Prior to 1975, spouses were required to prove grounds for divorce, such as adultery, cruelty, imprisonment or insanity. This required a lot of behind the scenes work, private investigators, and so much more.

 

However, the ‘No-Fault’ Family Law Act enabled spouses to undertake a divorce quicker and with greater ease.

 

As part of the clause, couples now need only prove that the marriage is irreparable through a 12-month separation. This aimed to remove the hostility and potential reasons for dispute that many couples experience throughout divorce proceedings.

 

However, it is essential to note that courts still consider those crucial aspects such as abuse or substance dependency are still considered when ruling on parenting matters.

 

 

The Benefits of a ‘No Fault’ Divorce

 

While it can be frustrating for some to learn that their partner’s infidelity won’t be seen as relevant in court proceedings, a ‘no-fault’ divorce system allows the entire process to go much smoother and with less animosity.

 

Again, while destructive behaviours are not considered for granting a divorce, they are still considered when it comes to other aspects of family law, especially when it comes to parenting.

 

How to Apply for a No-Fault Divorce

 

You do not need to have been married within Australia in order to be able to apply for a no-fault divorce. As long as you meet the minimum requirement as set out by the laws and can prove a 12-month separation, you will be able to start the process.

 

Dealing with a divorce is never easy, and that’s why we recommend contacting the best family lawyers in Melbourne.

 

If you are thinking of separating from your husband or wife, trust Umbrella Family Law. As the best family lawyers in Melbourne, with extensive experience around divorce in Australia, we can provide you with the practical, emotional and legal support you need to navigate your way to your new life. Contact us today to find out how we can help you. 


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