The Family Law Act 1975 established the principle of no-fault divorce proceedings in Australian Law

When giving a divorce or separation the Court does not give consideration to why the marriage finished additionally the only ground for divorce or separation is the fact that wedding broke down and there’s no reasonable chance that the events are certain to get straight back together.

The Federal Circuit Court of Australia gets the jurisdiction or energy to cope with dissolution of wedding (in other terms. Divorce) under Part VI of the grouped Family Law Act 1975. The granting of the divorce or separation will not figure out dilemmas of economic help, home circulation or arrangements for young ones. It just recognises that the wedding is finished.

May I submit an application for a divorce or separation?

You can easily make an application for a breakup in Australia if either you or your partner:

  • respect Australia as the house and want to reside in Australia indefinitely, or
  • are a citizen that is australian delivery, lineage or by grant of Australian citizenship, or
  • ordinarily reside in Australia while having done this for one year straight away before filing for breakup.

You will need to fulfill the Court which you along with your partner have actually resided individually and aside for at the least year, and there’s no likelihood that is reasonable of wedded life. You are able to live together within the same house and nevertheless be divided.

Note: Same-sex partners whoever marriages are recognised can access Australia’s divorce proceedings system when they meet with the needs for breakup beneath the Family Law Act 1975, no matter if the wedding ended up being solemnised. See Marriage equality in Australia regarding the Attorney-General’s Department internet site as well as the Fact Sheet, Family Law implications associated with recognition of same-sex marriages for more information. Continue reading