Monday 13 June 2016

Application for Divorce

With the introduction of the Family Law Act in 1975 the principal of no-fault divorce was established in Australia.

This means that when an Application for Divorce is made the Court does not consider why the marriage ended. The only consideration is that the marriage has broken down irretrievably - there is no reasonable likelihood of the parties reconciling their relationship.  

How does the Court determine that the marriage has broken down irretrievably? The criteria used is that the parties have been separated for 12 months and one day.

If the Court is satisfied that the parties have been separated for 12 months and one day the Application will be granted.

There can sometimes be a dispute about the date of separation - and hence if the 12 months and one day has occurred - and it can be necessary for evidence to be adduced to satisfy the Court of the date of separation.

Indeed, that the required 12 months and one day has not passed is one of only two grounds where an Application for Divorce can be opposed by the other party (the other is that the Court does not have jurisdiction). If a Response is filed refuting the date of separation the Court will consider the matter and determine if the Divorce Order will be made. 

5 comments:

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  2. Wow! Great post! The content is very rich, and I really like it. It help me very much to solve some problems. It is very helpful for all the people on the web. Divorce Lawyers in Orlando

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  4. Great piece. The 1975 Family Law Act was a big leap forward. When you look at the laws around marriage before that time, it really did set families up with a solid foundation.

    One interesting fact: As stated, the Act also reduced the amount of time a divorce comes into effect from 3 months to 1 month. This resulted in a large amount of divorces recorded in 1976.

    According to the Australian Bureau of Statistics, since the 1980’s the divorce rate in Australia has increased steadily, whilst the amount of de facto relationships continues to increase. The number of marriages has also steadily decreased.

    Family Law Solicitors Sydney

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