Divorce Law in Australia – A Few Legal Grounds For Divorce

Divorce, also called dissolution of marriage, is the legal process of ending a legally recognized marriage or civil union. The court decides the dissolution and either grant the request of one party or declines it. Both parties are then free to remarry without any impediment in case they wish. However, this applies to cases wherein the decision to divorce was entered into by the court beforehand. There are various grounds on which a divorce may be awarded to one of the parties.


the divorce process is time-consuming

In the case of minor children, the divorce process is time-consuming and can consume much of a person’s time. This is because minor children have to be given time to mature, adjust to new environments, and become accustomed to the decisions made by adults. Parents should settle issues amicably through counseling with the assistance of an attorney. This allows both parties to make out the terms of the divorce and gives each of the time to think things over before filing the divorce petition with the court. A divorce is also possible if there are no children involved but property that is jointly owned is being contested. In this case, a peaceful divorce will be quicker and more economical.


the judge often awards spousal support

When a person gets married, the judge often awards spousal support. This is based on the financial needs of each spouse and the capability of each of them to earn a living. Once the judgment of divorce is entered into the court record, the spouse whose judgment has been entered takes the burden of earning a living from the other spouse. Usually, the judge requires each spouse to pay alimony according to the judgment.


no asset can be attached to or taken from a marital estate

One must also remember that when filing for divorce, no asset can be attached to or taken from a marital estate. If there are children, asset protection should be arranged before or after filing for divorce. Also, spouses must cooperate when filing for a divorce. This means that each spouse must make efforts to solve conflicts with each other such as over children and property.


There are several grounds for divorce that the court can consider

First, one or both of the spouses can be charged with adultery. Aside from adultery, a person can file for divorce based on the fact that the couple has created a hostile environment. Another reason why a couple can’t get along is when they have failed to respect each other legal obligations. Lack of compliance with the legal obligation of maintenance and proper financial management can be considered as well.


Another reason why a divorce can’t be granted within a certain time period is because of the incapability of the respondent. The respondent is usually referred to as the dependent spouse in this case. If the respondent is physically incapacitated, the court will not grant the divorce application. One must file for a divorce immediately after finding out that the spouse is legally incapacitated. This is necessary so the court can grant the application for spousal support to the other spouse.

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