After months or years, the settlement agreement has finally been signed, and you have your divorce application in hand.
You’re probably ready to breathe a deep sigh of relief at this point.
Now is the time to dot your i’s and cross your t’s.
No-Fault System
The Family Law system in Australia is based on a ‘no fault’ system. The aim is to end the blame game in separations and to trust the judgement of those involved. The no-fault divorce process aims to improve the experience for most separating couples by removing responsibility for the breakdown of the marriage. The ‘fault’ factors, such as ‘adultery, desertion and cruelty, no longer exist as the basis for divorce in the Australian Family Law system.
In Australia, the sole requirement for obtaining a divorce is that the marriage has ‘broken down irretrievably’. This is evidenced by the married couple having been separated for a period of no less than 12 months.
How Does a No-Fault Approach Benefit Divorcing Couples?
A no-fault divorce aims to ease tensions between divorcing couples. This easing of tensions is thought to reduce the stress and pain of separation and allow couples to move forward amicably and hopefully resolve any other issues between them amicably.
If separating couples are forced to find reasons for the breakdown of the marriage, it can cause further deterioration of the relationship, making other aspects of the separation like financial settlements more difficult.
Joint or Single Application?
Couples who decide to divorce can choose to make a joint application for divorce. Allowing couples to separate together without the need for blame will allow for a more amicable separation. This also reduces the time frame for divorce court proceedings and help couples reach financial settlements. It’s also hoped that it will help couples create practical arrangements if children are involved.
If your partner refuses to sign a joint application or you have issues with locating your partner, you can file a single application for divorce. If you have children under 18 years, you will be required to attend Court if you file a single divorce application.
It is important to remember that your divorce is separate from financial and children’s matters in Australia. Your divorce will take effect one month and one day after the hearing of your application (and a divorce Order being made). It is important to remember that if you have not already finalised your financial affairs, you have 12 months from the date of the divorce taking effect to initiate property proceedings in the Federal Circuit and Family Court of Australia.
At GFC Law, our team of family lawyers can provide empathetic guidance and advice in all areas of family law. Our lawyers have experience in all forms of separation, from straightforward separations to complex matters.
If you would like to discuss your current situation or find out more about no-fault divorces, get in touch with our divorce lawyers today by using our online contact form or calling us on 1300 414 855.