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A divorce is the legal end of a marriage, and here in Australia, we have a ‘no fault’ policy. This means that when the Court is granting a divorce, they do not consider the reason why the marriage has ended.
Importantly, the granting of a divorce does not determine any issues of parenting, financial or property settlement. It is merely the formal recognition that the marriage has ended and no more.
Therefore, neither spouse need to establish whether the other did or did not do something which has caused the breakdown of the marriage. The only ground for a divorce in Australia is that the marriage has irrevocably broken down and there is ‘no reasonable chance’ that the parties will get back together.
Therefore, if you are seeking a divorce, it is important to understand that there are a few pre-action procedures that need to be undertaken.
If you are seeking a divorce, it is important to understand that there are a few pre-action procedures that need to be undertaken.
As the granting of a divorce does not determine any property, financial or parenting arrangements, it is important to ensure that these other areas have been sufficiently addressed before seeking a divorce. Why, because once a divorce has been granted, there is a time limitation that commences. This means that property and financial matters must be commenced within 12 months of the divorce order taking effect.
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