The Matrimonial Causes Act 1959 provided 14 grounds for the grant of a decree of dissolution of marriage ('divorce'), including adultery, desertion, cruelty, habitual drunkenness, imprisonment and insanity. To succeed on one of these grounds, a spouse had to prove marital fault.
The only ground for divorce is that the marriage broke down and there is no reasonable chance that the parties will get back together. The Federal Circuit and Family Court of Australia (the Court) has the jurisdiction or power to deal with divorce under Part VI of the Family Law Act 1975.
If the parties cannot decide how the assets are to be decided, it's left up to the family court to decide. As per the law, there's no strict formula for a divorce settlement in Australia. Contrary to popular perception, there's no 50-50 split rule. It's not that simple since a variety of factors have to be considered.
Couples hardly ever decide on a 50/50 divide, in reality. There is no predetermined percentage split allowed by the Family Law Act of 1975; each case will be handled differently. The most typical division, however, is a 60/40 split.
In summary, a wife in a divorce settlement in Australia is entitled to a fair and equitable share of the assets and property accumulated during the marriage. This may include a share of the family home, vehicles, savings, and investments, and any superannuation that has been accumulated during the marriage.
Essentially, super is considered as property in the event of a relationship breakdown, so like any other asset it can be divided between partners by agreement or court order. This includes marriage or de facto relationships, both heterosexual or same sex.
Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce.
What is grey divorce? This is a term coined for persons divorcing in their later years. However, some couples may not have married, but when separating in their later years, may fall under the de facto provisions of the Family Law Act 1975 (Cth).
To apply for a divorce, you or your spouse must have been separated for at least 12 months and either: be an Australian citizen. live in Australia and think of Australia as your permanent home, or. usually live in Australia and have done so for at least 12 months before the divorce application.
The sole applicant will need to pay a fee to legal professionals, and additional fees to serve the application to their partner. In this case, the partner who is being served with an application for divorce will not need to pay any fees.
In Australia, your girlfriend is not automatically entitled to take half of your house. The law requires you to take into consideration any contributions that both of you made to the house, and any future needs either of you may have.
According to our property settlements lawyers, with inheritance, the earlier the inheritance was received, the more likely it is to be included in the pool of assets to be shared between the two parties in the event of divorce.
It turns out an obscure law leaves you open to legal action if the couple divorce. The "broken heart law", as it's known, means if your spouse cheats during your marriage, you can sue the person they cheated with for damages - sometimes for millions.
Can One Spouse Refuse The Divorce? In Australia, the only grounds for divorce are that the marriage has broken down irretrievably and there is no reasonable likelihood you will get back together.
The easiest way to apply for a divorce is to complete an online application on the Commonwealth Courts Portal. You need to register to use the Portal. Then you answer some questions and upload some documents – for example, your marriage certificate. You have to pay a fee for putting in a divorce application.
While the Family Law Act 1975 contains provisions that make it harder for claims to be brought against an ex-spouse after twelve months from the date of a divorce (or two years after a de facto relationship separation), an ex-spouse's claim may still be possible, in either scenario.
Make sure that your relationship is over before you date
Just because you have started divorce proceedings does not mean that you have cut emotional ties with your ex. If you harbour any hope of a reconciliation you are not ready to start dating. You should not date because your ex has moved on and is dating.
A joint application is the easiest and cheapest way to get a divorce. You don't have to mess around with serving documents on your spouse and you can also share the costs. You have to pay the court a filing fee when you lodge your application for divorce.
If your ex-partner refuses to sell the house during your negotiations, you can petition the Family Court to intervene and force the sale of the house as part of a property settlement. In fact, this court process is the only way you can be forced to sell your house during a separation in Australia.
The average age for a couple entering their first divorce is 30 years old. And 60% of divorces involve spouses between the ages of 25 and 39. Women are more likely to file for divorce than men. The highest divorce rate is for African-American women aged 50 to 59.
Yes, in certain circumstances it is possible to apply to the court to fast track your divorce – although this will not involve a reduction in the requirement that you be separated for 12 months. You should seek specialist advice from a lawyer if you wish to do so.
The payment of spousal maintenance can be ordered for an indefinite period of time or it can be ordered for a specific periodic of time with a set end date. Alternatively, parties can opt out of paying spousal maintenance by entering into a binding financial agreement.
If you have been looking for information on relationships after breakups and getting back with the ex after you broke up, then obviously you might have heard the term “No contact rule.” Wondering what that is? Well, it is simple. You don't make any contact with your ex at least for a month.
The amount of spousal maintenance that is payable is determined by considering a range of factors, including: The income, expenses, and financial resources of each spouse. The age and health of each spouse. The care arrangements for any children of the marriage.