Wait, we get it.  He’s just cheated on you and taken the family car.  She’s lied to you and is violent towards you and the children.  He’s gaslighting you.  She’s spent all your money.

Surely that counts for something, right?

Hmmm, no. Not in the legal sense.

Here in NSW, you don’t need to prove who’s at fault to end your marriage. Since 1975, the legal system embraced a “no-fault” divorce approach, in recognition that marriages break down for a multitude of complex reasons, often not attributable to a single person. This shift significantly streamlined the divorce process and attempted to reduce the emotional burden placed on couples navigating this difficult transition.

Key aspects of no-fault divorce in Sydney:

What are grounds for divorce?

Instead of proving specific faults like adultery or unreasonable behavior, the sole ground for divorce in Sydney is the irretrievable breakdown of the marriage, which simply means the relationship has reached a point where it cannot be repaired.

What is the separation period to claim irretrievable breakdown?

To claim an irretrievable breakdown, you must be separated for at least 12 months. This cooling-off period allows couples time to reflect and potentially reconcile, if possible.

What If I’ve Been Married Less Than Two Years?

Have you been married for less than two years? If so, there are specific requirements to meet before applying for a divorce.

The two-year period is calculated from your wedding date to the date you submit your application to the court. Additionally, you and your spouse must have been separated for at least 12 months before filing for divorce.

If your marriage is under two years, you’ll need to provide a counselling certificate. This certificate confirms you’ve attended counselling to explore whether the relationship can be repaired. To arrange counselling, contact the Family Relationships Advice Line (FRAL) on 1800 050 321.

If attending counselling with your spouse isn’t possible, or if there are special circumstances preventing you from attending, you’ll need to file an Affidavit – Family law and child support. More details can be found in the fact sheet Have You Been Married Less Than Two Years.

Focus on moving forward

The no-fault system encourages a more constructive and amicable approach to divorce. The emphasis is on reaching a fair settlement regarding financial matters and child custody arrangements, minimising conflict and emotional distress.

Benefits of no-fault divorce

Reduced stress and conflict

Eliminating the blame game creates a less adversarial environment, often leading to more cooperative negotiations and ultimately, a smoother divorce process.

Faster resolution

Focusing solely on the irretrievable breakdown allows for a quicker and more efficient legal process compared to fault-based systems.

Emotional well-being

By avoiding finger-pointing and emotional entanglements, couples can navigate the separation with greater dignity and emotional stability.

While no-fault divorce simplifies the legal aspects, it’s important to remember that ending a marriage remains a significant emotional journey. Seeking professional guidance from a qualified lawyer or counselor can provide invaluable support and ensure a smooth transition to your new life.

No-fault divorce marks a significant step towards a more compassionate and understanding approach to family law in Sydney.

By focusing on moving forward rather than assigning blame, the system empowers couples to navigate this challenging time with dignity and hope for the future.