Irreconcilable Differences (noun): a catch-all term used to describe the circumstances which render a couple unable to continue living together and suitable to seek divorce.
‘Irreconcilable differences’ form the grounds for a divorce. This means that you and your spouse cannot agree with fundamental values or principles in the marriage, causing a permanent break in your marriage which necessitates the granting of a divorce.
Importantly, ‘irreconcilable differences’ is a no-fault system. This means that neither party was at fault for the end of the marriage. Instead, parties simply believe that there is no hope of fixing their relationship.
The advantage of this system rather than a fault-based divorce is that you do not have to play the blame game at trial to determine what actually happened to cause the end of the marriage. A fault-based divorce could be rather difficult to obtain as in some cases neither spouse actually acted wrongly and neither has a strong fault ground in which they can file for divorce. This saves money, conflict and hostility.
If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
More from the Blog:
Family Law: An introduction to our Jargon Guide
Family Law: Back to Basics: The requirements for Divorce
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