In 1975, Australia implemented the no-fault divorce premise. This means that it is not necessary to ascertain who is to blame or who caused the relationship's breakdown.

The following are the only conditions for filing a divorce application in Australia:

• At least one of the parties was born in Australia, is an Australian citizen, or has resided in Australia for the past 12 months with plans to stay; and
• The couple has been separated for at least a year, and there is no chance of reconciliation.

The parties do not have to be living separately and apart for the past 12 months to be considered separated. It's probable that the parties were "separated yet sharing the same roof." To prove that the parties were separated and living under the same roof when filing for divorce, one of the parties should present documentation in the form of an affidavit confirming the separation details.

A third party (such as a family acquaintance) may also be required by the court to produce proof as to when the couple split.

Furthermore, if the parties have been married for less than two years at the time of filing for divorce, evidence in the form of a certificate indicating that they have attended family counseling will be required. If the parties are unable to attend counseling, one of them may file affidavit material with the court requesting authorization to file a divorce petition.

Miscellaneous Requirements and Conditions for Marriages

You must present a copy of your marriage certificate to the court if you were married outside of Australia and your foreign marriage is recognized in Australia (under Part VA of the Marriage Act 1961). If your marriage certificate is not in English, you must provide an English translation as well as an affidavit translation of the marriage certificate from a qualified translator. If you have lost your marriage certificate this will need to be explained to the Court by way of affidavit.

• What About Children under 18?

A court can only order a divorce if it is satisfied that suitable arrangements have been made for children under the age of 18. In your application, you will be requested to supply details about any children from the marriage or who were treated as family members.

Make sure to include enough information regarding how the children spend time with each parent and communicate with them, as well as their education, health, and financial assistance.

• Financial Matters

When a divorce is granted, it triggers restriction periods (time constraints) for filing court applications regarding financial concerns. Financial/property proceedings stemming from the breakup of a marriage must be begun within 12 months of the divorce order taking effect. If you wish to file outside of time, you will require leave of the Court, which is not always granted and will require an application and explanation for the delay.

• When Can You Remarry?

You should not consider remarrying before your divorce is finalized (in most cases, one month and one day after the divorce hearing). The divorce takes time, and you shouldn't expect your divorce to be granted at the first court appearance.

You may be asked to supply more information if your application is incomplete or if the Registrar has questions about a specific component of your application.

Who to Contact?

Richardson Murray is passionate about assisting families dealing with relationship or separation concerns providing advice on post-divorce parenting arrangements and property settlements.

So, if you are in need of assistance in any of the problems discussed above or any other matter regarding your marriage and divorce, Richardson Murray is your go-to destination to get you through all the legal complexities.