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, cruelt...