Jun 15, 2016
One of the many strange terms you may hear your lawyer throw around during your Family Law matter is ‘no-fault divorce’. This phrase is used to reflect the current law on divorce. Like all Family Law matters, divorce in NSW is covered by laws passed by the federal parliament.
What is ‘no-fault’ divorce?
The concept of ‘no-fault’ divorce was introduced into legislation in 1975. ‘No-fault’ divorce means that neither party is held responsible for the breakdown of the relationship. Prior to this, parties seeking a divorce would have to demonstrate that one party was at fault because they were guilty of infidelity (i.e. having an affair).
Since ‘no-fault’ divorce was introduced, a divorce can only be sought on the grounds of an irretrievable breakdown of the marriage, which is shown by 12 months of separation.
What does ‘no-fault’ divorce mean for you?
The introduction of ‘no-fault’ divorce demonstrated that the Courts are not interested in intervening with your personal relationship to decide whether enough ‘fault’ exists to warrant a divorce. When undertaking divorce proceedings, you will only be required to demonstrate that the marriage has broken down irretrievably and it is unlikely that partners will resume cohabitation. For more information on how to demonstrate this, please see our blog post “Requirements for Divorce”.
HOWEVER, while the ‘fault’ element will not affect your divorce, it may impact further family law proceedings in parenting and property settlements depending on your specific circumstances. If you have a family law matter, concerns on your divorce or questions about family law and divorce 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:
Part 1 - When you're on the fence about divorce
Part 2 - When you're on the fence about divorce
Divorce, Divorce online, Divorce in NSW, Family Law, Family Law in NSW
