Divorce Case Studies Australia

For a joint application both parties should file an affidavit.

For a joint application both parties should file an affidavit.

Though the Commonwealth had the power since federation in 1901 to make laws affecting divorce and related matters such as custody and maintenance, it did not enact uniform national laws until 1961, when the Matrimonial Causes Act 1961 came into operation.

The Act continued the fault-based system operating under state authority.

Under the Commonwealth law a spouse had to establish one of the 14 grounds for divorce set out in the Act, including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity.

In reality, the system was very expensive and humiliating for the spouses, necessitating appointment of barristers, often private detectives, collection of evidence, obtaining witness statements, photographs and hotel receipts, etc.

Since 1975, the only ground for divorce has been irretrievable breakdown of marriage, evidenced by a twelve-month separation.

However, a residual "fault" element remains in relation to child custody and property settlement issues.In addition, the 1975 Act also abolished the legal concept of non-consummation of marriage as a ground for annulment, so that if it is found that a marriage is void, then divorce application becomes irrelevant, though other remedies may still be available.Australia has no-fault divorce with the only ground for divorce being a claim of an irretrievable breakdown of marriage, evidenced by a twelve-month separation.IMPORTANT: WE REQUIRE SPECIFIC INFORMATION ABOUT YOUR SITUATION OR WE WILL NOT BE ABLE TO RESPOND Thank you for contacting us. We use cookies to make interactions with our website easy and meaningful, to better understand the use of our services, and to tailor advertising.When the court grants a divorce it must be satisfied that proper arrangements have been made for the welfare of the children.If there are children, one of the parents must attend court for the divorce.For further information, including about cookie settings, please read our Cookie Policy .By continuing to use this site, you consent to the use of cookies.The application must be filed after the 12 month period of separation has expired and is normally heard about two months after the date of the filing.A person wishing to obtain a divorce:-can obtain a "do-it-yourself" kit from the Family Court of Australia, or use a private solicitor to act on their behalf, or-if in the Brisbane area, apply through the Legal Aid Community Divorce Scheme, or in limited circumstances, apply to Legal Aid Queensland for assistance.