The dissolution of marriage
The dissolution of marriageThe Dissolution of Marriage
There are three family Law Act processes that cover the ending of marriages, they are:-
1. Decrees of divorce, which is the Dissolution of marriage
2. Decrees of nullity
3. The declarations for validity of marriage
While today I shall be talking about the first one I said, The dissolution of marriage, which is the most common out of the three.
Why a marriage has broken down is not an area that the Family Court is interested in. Causes such as adultery, desertion, violence etc. that have may of contributed to the ending of in marriage are not considered by the court, as these use to be considered under the Matrimonial Causes Act 1959 (Cth). As this is the principle of "No Fault" where neither partner can be blamed for the causing of the breakdown in a marriage. And so the only ground for divorce is to prove that your marriage has ended (which is an irretrievable breakdown) and this is done by living separately for at least 12 months.
If you happen to try to live as husband and wife for less than three months, your 12-month separation will not be invalid.
Though it is possible for you and your spouse to live under the same roof and say you live separate and apart. For this to take part both parties are not allowed to sleep together, not go out with each other, have a reason for still living together such as lack of finances or children, they should intend to separate in the future and there are many more.
After a marriage has broken down the welfare of the children (if any) has to be settled. Some parents feel that the use of the terms 'custody' and 'access' belittled them as, it was a win or lose situation of who got the children. So just recently the term 'residence' with 'specific issues' orders has replaced 'custody' and the term 'contract' replaces 'access'. While also 'Guardianship hardly exists in the Family Law Act 1995 (Cth) as it has been replaced with the concept of...
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