Thinking about divorce? Divorce Hub guides you through the legal reasons for divorce and all the legal terms you need to know. The post Reasons for Divorce in Australia – The Legal Terminology You Need to Know appeared first...
Reasons for Divorce in Australia - The Legal Terminology You Need to Know
What are the most common reasons that relationships break down?
What are the legal definitions when it comes to applying for a divorce?
Photo by Sora Shimazaki on PexelsWhile there is a lot of legal terminology to learn in family law, these are some terms specific to applying for divorce. We talk about more complex terminology in later sections.
Affidavit: A statement written by a party or witness that gives facts as a form of evidence to the Court. It is signed before a lawyer to swear its truth.
Applicant: Someone who applies to the Court. Divorce Orders often have joint applicants with sole applicants in special circumstances. In the case of sole applicants, the other spouse becomes the respondent.
Divorce Hearing: A hearing that is scheduled and held to determine whether a Divorce Order should be granted. Not all situations require you to attend.
Divorce Order: A Court order that is the legal end of a marriage.
Filing: The submission of required documents for a divorce application. This is usually done online.
Form: A required document to be filled out and filed to the Court. See here for a list.
No fault divorce, irretrievable breakdown, and irreconcilable differences
No Fault divorce
Irretrievable breakdown
Irretrievable breakdown is the only requirement to be able to file for divorce. The way this is proven is through separating and living apart for 12 months.
If you move back in together for more than three months, the separation period resets. If this happens for less than three months, separation will resume. Be sure to keep a record of dates. Ensure you and your ex agree on the date when your separation starts to avoid disputes later.
Irreconcilable differences
Irreconcilable differences is a legal term used in US Family Law to indicate that a relationship has completely broken down and should be dissolved.
It is not a requirement or legal term in Australian Family Law. Irretrievable breakdown is the only requirement for divorce.
What if you are still newlyweds?
1. Counselling
Photo by cottonbro studio on Pexels
2. Special circumstances
It is not always safe or suitable to go through counselling. There may be a history of violence, or one partner may refuse to go.
You need to seek the Court’s permission to apply for divorce if you do not go to counselling. You will need to attach an affidavit to your application with a reason for not attending counselling and any special circumstances to your matter.
How do I do separation under one roof?
You may decide to live in the same house for a range of reasons (money and children being the most common). Separation under one roof may be necessary in some situations, but it’s easy to mess it up and cause delays with your divorce down the track.
You will need to prove that while you live together, you are living a separate and independent life. Some factors that you need to have evidence for can include
sleeping separatelyreducing shared activitiesindividually performing household tasksseparation of financesfriends and family are awarerelevant government departments are awareThese are just some of the factors and the Court decides matters case-by-case. Be sure to contact your lawyer before applying for divorce if you have separated under one roof.
Thinking about divorce? Get started with a Free Discovery Call
The purpose of this article is to provide general information. It does not constitute legal advice. Please get in touch to discuss your specific circumstances.
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