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Legal > Family Law & Relationships Law

Divorce:

Overview FAQs Articles Locations

In the eyes of the law, marriage is ordinarily defined in terms of a formal, monogamous, heterosexual union. In Australia, marriage is proofed by a marriage certificate issued by the Births, Deaths and Marriages Registry. A divorce dissolves a marriage and allows each party to remarry legally. It does not deal with matters of child custody, property, spousal maintenance or child maintenance. A common mistake that many individuals make is to immediately seek a divorce without having addressed children and property issues. Most Sydney Family Lawyers would advise that prior to getting divorced, which is more of a formality, matters of children and property should be dealt with. Our Family Lawyers deliver strategic and lateral advice to clients grappling with separation and divorce.

Since amendments to the legislation in 1976, the only ground for divorce is an ‘irretrievable breakdown of the marriage’. It will be necessary to show that there is an irretrievable breakdown of the marriage. This will usually involve the parties evidencing that:

  • The parties have lived separately for 12 months
  • There is no reasonable likelihood of the parties recuperating  the relationship

The 12 month period of separation will commence on the day after at least one of the parties determines that the marriage is over, and this has been communicated to the other party. The necessity of proving an irretrievable breakdown of the marriage flows from the law’s upholding and recognition of the sanctity of marriage. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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