FAQ About Divorce in Australia

There are quite a few laws that govern the process of divorce in Australia. Contained in the Family Law Act 1975, these laws govern marriage, same-sex marriage, divorce, de facto relationships, divorce property settlement and terms for the guardianship of children (including custody matters).  However, not everyone knows what exactly these laws entail.

 

 

In Australia, the juridical matters surrounding marriage, same-sex marriage, divorce, custody fall into one large category, colloquially called ‘Family Law’. Within family law, there are particular stipulations regarding the process of divorce in Australia, children’s matters and how assets are divided in a divorce property settlement.

 

However, if you’ve never needed to navigate divorce in Australia, it’s not always easy to know where to start. So, here are the answers to common questions we receive at Umbrella Family Law.

 

Are The Grounds for Divorce Important in Australia?

 

Since the Act was established in 1975, Australian Law dictates a “No-Fault Divorce” policy. This means that courts no longer consider aspects like indefinitely substance abuse, mental illness, or grounds for divorce.

 

The only ground for divorce is an irreversible breakdown of the relationship. This needs to be then evidenced by a 12-month separation.

 

In other words, courts do not grant divorces based on why the relationship has ended, but rather that the relationship was unable to be amended after a 12-month separation proving that there is no likelihood of the two parties ever re-uniting.

 

Can I Be Separated While Living Under the Same Roof?

 

The Family Law Act recognizes that it may not be possible for some individuals to pack their bags and move out of their joint home for a variety of reasons.

 

As such, the Law accounts for spouses who are separated but still live beneath the same roof. However, the parties living together will need to prove that they are no longer living as a couple.

 

Evidence that the separation has been established may be requested.

 

What If My Partner Doesn’t Want a Divorce?

 

The issue of separation can become complicated when one party opposes the separation and divorce order. This is often a grey area and can make finding evidence of the separation more difficult.

 

In these instances, courts will consider:

 

·      Are the parties still sharing finances?

·      Are both parties still residing in the same room?

·      Is one or both parties still performing domestic tasks?

·      Has one party informed the other that they wish to end the relationship?

·      Has the separation been made public to friends and family?

·      Has a family lawyer been contacted to start negotiations?

 

 

Are Assets Split 50/50 in Divorce?

 

Divorce property settlement is a separate leg of the divorce process, and the same rules apply for heterosexual, same-sex marriage and de facto relationships.

 

The terms for the division of assets can be finalized during the separation period, long before the divorce is finalized.

 

As Australia is an equitable distribution country, net wealth is not split 50/50. What will happen is that the assets are valued, the contribution of each party is considered, and future needs are calculated to determine how assets will be split.

 

For the Best Support When Getting Divorce in Australia, Contact Umbrella Family Law

 

To find out more about the process of divorce in Australia, or jurisdictional matters surrounding same-sex marriage, de facto relationships, child custody and divorce property settlement, contact us today. With extensive experience all aspects of Family Law, our team of lawyers can provide you with the very best support throughout the separation and divorce process.