Divorce in Australia
November 14, 2011 By Armstrong Legal
An application for divorce in Australia must satisfy the only requirement established by the Family Law Act 1975 (Cth) - that there has been an ‘irretrievable breakdown’ in the marriage. Importantly, the court will not consider whose fault it was that the relationship broke down.
Irretrievable breakdown of marriage will be satisfied with proof of at least twelve months separation between the parties. Parties may be separated and continue to share common residency. In such circumstances the court may have regard to other factors to determine separation, including:
• The degree of financial separation between the parties;
• The performance of domestic duties;
• Whether separation was publicly known;
• Whether any government agencies were informed of the separation;
• Whether parties slept in separate rooms; and
• Whether there were ongoing levels of intimacy.
During the period of separation it is acknowledged that couples may temporarily reconcile. When reconciliation occurs, the Family Court will permit periods of up to three months to be deducted from the total separation time without requiring separation to recommence.
For an application for divorce to be successful the court will also require evidence of a valid Australian or overseas marriage and for one of the following criteria to be satisfied. That either party is:
• An Australian citizen;
• Has lived their whole life in Australia;
• Regards Australia as their permanent home; and
• Ordinarily lives in Australia and has done so for at least twelve months prior to the divorce application.
When hearing an application for divorce, the court must also be satisfied that proper arrangements are in place for the care of any children. Information will need to be provided to the court concerning where the children are living, how they will be financially supported as well as details regarding their health and education.
It is not necessary for parties making a joint application for divorce to personally attend court. However, a party making a sole application for divorce with children under the age of 18 that were part of the family prior to separation must attend court.
Divorce does not finally resolve matters related to parenting or property disputes and separate applications must be made in this respect.
AUTHOR: Chris Boyd
Copyright Armstrong Legal
More information about Armstrong Legal
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
• The degree of financial separation between the parties;
• The performance of domestic duties;
• Whether separation was publicly known;
• Whether any government agencies were informed of the separation;
• Whether parties slept in separate rooms; and
• Whether there were ongoing levels of intimacy.
During the period of separation it is acknowledged that couples may temporarily reconcile. When reconciliation occurs, the Family Court will permit periods of up to three months to be deducted from the total separation time without requiring separation to recommence.
For an application for divorce to be successful the court will also require evidence of a valid Australian or overseas marriage and for one of the following criteria to be satisfied. That either party is:
• An Australian citizen;
• Has lived their whole life in Australia;
• Regards Australia as their permanent home; and
• Ordinarily lives in Australia and has done so for at least twelve months prior to the divorce application.
When hearing an application for divorce, the court must also be satisfied that proper arrangements are in place for the care of any children. Information will need to be provided to the court concerning where the children are living, how they will be financially supported as well as details regarding their health and education.
It is not necessary for parties making a joint application for divorce to personally attend court. However, a party making a sole application for divorce with children under the age of 18 that were part of the family prior to separation must attend court.
Divorce does not finally resolve matters related to parenting or property disputes and separate applications must be made in this respect.
AUTHOR: Chris Boyd
Copyright Armstrong Legal
More information about Armstrong Legal
View all articles published by Armstrong Legal
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
