No Fault Principle Underpins Australian Divorce Law

Australian divorce law underwent a significant change around 35 years ago when the Family Law Act 1975 came into being and established the principle of a “no fault” divorce. This was a major reform for its time. Prior to the enactment of this new law, it was necessary to prove that one party was at fault. This was often difficult if the marriage had simply ceased to function, or in the case of adultery, for example, actual evidence was required to satisfy the court that the act took place.
New Divorce Laws Freed Thousands of Couples
The Family Law Act was a breath of fresh air at the time, and resulted in a flurry of divorce applications. Because a divorce had been so difficult to obtain prior to 1975, estranged couples often moved on with their lives, going their separate ways but never having officially divorced. The new Act gave these couples the opportunity to end their marriages without fault being established and proven, and thousands of couples took advantage of the opportunity in the first few years after the law was changed. The numbers stabilised over time and are now fairly consistent from year to year.
Under the Act as it currently stands, irretrievable breakdown is the only ground needed to divorce. This is established by separation and a period of living apart for twelve months prior to application. People may still live in the same house during these twelve months, provided they manage their lives as two separate entities. Affidavits are required to prove this separation and in some circumstances, an independent person is also required to make an affidavit confirming the situation.
Divorce becomes much more complicated when the couple is estranged, antagonistic to each other, or when one party wants the divorce and the other doesn’t. There may be issues of domestic violence, drug taking, criminal activity, child abuse and other distressing factors that make these situations extremely volatile. Add in a property settlement of value and the rights of children, and the only way to ensure that all parties’ interests are looked after is to engage family law Sydney representation.
Legal Representation Assists Clients Through Difficult Divorces
ABC Legal provides expert legal advice and representation in all areas of divorce law. Their experience is invaluable when assisting clients who going through a complicated or traumatic divorce situation, and are unable to manage the process themselves. Legal representation almost always gets a better outcome, simply because the legal professionals know the law, the rights of the parties and the Court processes. They have generally encountered most situations in the past and have strategies in place to resolve most issues.
Going through a divorce raises all sorts of emotions that were not necessarily expected at the outset. The people involved often feel vulnerable, confused and are grieving over the loss of something that was once of vital importance to them. The search for a lawyer is confronting, so it is important to find someone who will listen to their concerns and understand their needs. Hamid Mirza of ABC Legal is a barrister who not only provides expert legal advice, but is genuinely concerned for the well-being of his clients.
Engaging Hamid to assist with your divorce will ensure that every issue is considered, every legal requirement met and the process is conducted with dignity in a timely manner. A quick look around the website at www.abclegal.com.au will provide all the information you need to make the decision to contact ABC Legal, including testimonials from grateful clients.