Since the establishment of the no-fault principle by the Family Law Act 1975, there is no need to provide any reason for divorce. The court just needs to know that the relationship has broken down irretrievably.
If the requirements of a divorce order are met, any party can apply for divorce. However, if the other party does not agree to a Divorce, you can still apply for Divorce on your own- but it will be necessary to serve the Divorce Application on the other Spouse prior to the Divorce Hearing. On the other hand, If both spouses wish to be divorced, they may apply for a divorce order jointly. In order to apply for a Divorce, you must have been separated for over 12 months.
Separation Under One Roof:
However, there are times when because of practical difficulties it may be possible for a couple to be separated even though they continue living in the same home during the twelve months, which is known as ‘separation under the one roof’. If you and your partner are separated under the one roof you need to prove to the Court that you were actually separated during this time which needs to be evidenced by proper documentations.
Other Important Issues to Consider:
If there are children aged under 18 years old, the Court can only grant a Divorce if it is satisfied that proper arrangements have been made for the welfare of your children. Often people considering making Divorce application also need to resolve the issue surrounding their children and property matter. You do not really need to wait for the Divorce order to be finalised to resolve your financial settlement. As soon as you are separated from your partner you could take steps to resolve your financial issue.
If you need professional assistance in relation to your family law matter, you could contact us on (02) 8379 1811 or email: email@example.com