No fault divorce in Australia refers to a process of ending a marriage where neither spouse is required to prove that the other spouse is at fault for the breakdown of the marriage. Instead, a no fault divorce is granted on the basis of the irretrievable breakdown of the marriage, which is established by the parties having lived separately for a minimum period of 12 months.

In Australia, no fault divorce is governed by the Family Law Act 1975, which provides that a court can grant a divorce if it is satisfied that the marriage has broken down irretrievably and that appropriate arrangements have been made for any children of the marriage. The court must also be satisfied that reasonable steps have been taken to reconcile the parties before the divorce is granted.

No fault divorce is considered to be a more straightforward and less adversarial process than the traditional fault-based divorce, as it eliminates the need for spouses to prove fault and allows the parties to focus on resolving other issues, such as property settlement and arrangements for any children of the marriage.

It is important to note that a no fault divorce does not affect the parties’ legal rights and obligations, such as property settlement and arrangements for any children of the marriage, which must still be addressed as part of the divorce process.

Divorce Process in Australia

The divorce process in Australia is governed by the Family Law Act 1975. Here’s a general overview of the steps involved in the divorce process:

Filing for divorce

• Either spouse can initiate the divorce process by filing a divorce application with the Federal Circuit Court of Australia. The application must be filed in the jurisdiction where the couple last lived together or where either spouse currently lives.

Serving the divorce papers

• Once the divorce application has been filed, the other spouse must be served with the divorce papers. Service can be made in person or by post, and must be done within a certain time frame set by the court.

Waiting period for the divorce to be granted

• After the divorce application has been filed and served, there is a waiting period of one month before the divorce can be granted. This waiting period is designed to give the parties time to consider their options and to reconcile if possible.

Finalising the divorce

• If the parties have lived separately for at least 12 months, and there are no children under the age of 18, the court can grant a divorce order. The divorce order becomes final one month and one day after it is made.

Resolving other issues

• The divorce process only ends the marriage. It does not address other issues, such as property settlement, spousal maintenance, or arrangements for any children of the marriage. These issues must be resolved separately, either through negotiation, mediation, or a court process.

It is important to note that the divorce process can be complex and it is advisable to seek legal advice to ensure that your rights and interests are protected. Sarah Bevan is an Accredited Specialist in Family Law for confidential consultation call Sarah today on 02 9633 1088