Under Arrest: Your Guide to Criminal Law

How to Apply for a Divorce Using the "No-Fault" Procedure

Ever since the Family Law Act of 1975, it's been a lot simpler to apply for and be granted a divorce in Australia. Nevertheless, a certain procedure has to be followed, and if you are intent on moving forward with your own divorce, you'll want to make sure that you do this the right way. What do you need to know?

No-Fault Divorce

Prior to the new legislation, you would need to prove that the other party was "at fault" and had materially contributed to the breakdown of the union. Today, however, you don't need to prove that anyone was at fault and do not need to give any reason for the divorce, other than to say that it has broken down irretrievably.


However, before you can proceed with a divorce application, you must have been separated for at least one year. You may also be required to engage in a counselling session if the marriage was relatively young and less than two years old. In this case, the possibility of a reconciliation will be discussed before the divorce application is lodged.

Property and Children

If you're absolutely sure that this is the end of the road for you, it's a good idea to start talking about property and, crucially, what will happen with any children. You should talk about the separation of assets and see if you can come to an amicable arrangement as in any case, this part of the situation will not be considered by a divorce court.

You will be required to come up with adequate arrangements for the children as far as their ongoing living needs are concerned and have to work out how they should interact with each parent following the separation. If you cannot reach an agreement, you will need to go to mediation, and if you still cannot concur, orders may be issued by a court.

Divorce Application

When it comes to the divorce itself, you can go ahead quite simply by filling out an application and submitting it online. You will need to get this witnessed by someone like a lawyer and will also have to supply a copy of your marriage certificate. Don't forget to serve a copy of this documentation to the other party, unless you intend to file together. Once this has been done, you will need an affidavit of service to show the court that you have informed your former spouse in accordance with the law.

While the other party may respond and say that they oppose the divorce application, this will not affect your application and, typically, the divorce will still be granted.

Legal Advice

Make sure that you do this the right way from the beginning so that you can apply for and be granted the divorce as soon as possible. It's best to work with a divorce lawyer from the outset.

About Me

Under Arrest: Your Guide to Criminal Law

Being arrested by the police can be a super scary experience. When you are in a police interview room or cell, you may not always be able to think clearly. That's where our blog comes in. The articles published here are designed to pre-arm you with the knowledge you need to survive what could be a legally difficult situation. We will look at subjects such as your rights when arrested, how to find the best criminal attorney, and the court process. Although none of us are legal professionals, we all take an interest in current criminal law in this country.

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