Reaching Out: How The Right Legal Avenues Can Help

3 Crucial Aspects to Know About Australia's Divorce System

17 November 2020 by Jessica Spencer

The Family Law Act of 1975 is the sole legislation that dictates divorce cases in the country. In this sense, the law defines divorce as the termination of marriage, which is not caused by the death of a party. This article takes a look at the Australian divorce system.

Eligibility For Divorce -- To be eligible for separation, you must show evidence of citizenship. Alternatively, you must have lived in the country for more than one year. Besides, applicants must be planning to live in the country indefinitely. If couples have separated and lived independently for at least one year, then a court of law might accept an application for divorce. It is also important to note that a court might not grant a divorce order if there is a reasonable chance of partners cohabitating in the future.  

No-Fault Principle -- Before enactment of the Family Law Act of 1975, a court had to be satisfied that one party to a marriage was at fault. Therefore, partners that wanted to divorce amicably had no way out but to fabricate a fault However, the enacted law established the no-fault principle, whereby a family court does not need to consider whether a party to the marriage is at fault. All a court needs to know is that the marriage has broken down irretrievably, meaning that the couple has been living their separate lives for at least 12 months.

Mediation During Divorce -- Mediation is a collaborative law process which deals with family law issues such as divorce. Parties that are involved in mediation include couples, lawyers, and other professionals. Mediation is a simple alternative since it reduces the long wait time associated with divorce cases. The dispute resolution process helps couples to save money while maintaining a friendly relationship even after a divorce, especially when children and property are involved. In addition, a case remains confidential compared to court litigation. Furthermore, the divorce case settlement rests in the hands of couples as opposed to a judge, who might require partners to meet strict guidelines before separation. You have the power to negotiate with your partner and reach a beneficial decision for both of you and your children. Nonetheless, it is imperative to note that mediation is not for everyone. Thus, you should discuss the option with your divorce lawyer to determine if your circumstances suit a mediation process.

Contact a divorce lawyer in your area to learn more.

Share