Protecting Your Children through Divorce

Posted on: 15 June 2019

There is a misconception among married couples that when one spouse cheats on the other, physically abuse them, or doesn't pay attention to them anymore, then that is ground enough for divorce. However, this is a misplaced belief, and most spouses end up disappointed when they find out that Australian family court operates under a no-fault regime. It means that when deciding a divorce case, the courts don't consider the fault or guilt of either of the spouses. As such, a marriage can only be dissolved when the courts are satisfied that it has irretrievably broken down. Your lawyer must, therefore, offer sufficient evidence to prove that your marriage can no longer be salvaged. This article highlights signs that a marriage has irretrievably broken down.

Separated for at Least a Year — While it is expected that married couples will live together throughout their marriage life, circumstances often lead some couple to separate. It can be the result of infidelity where one spouse asks the other to stay away until they resolve the issue at hand. In most cases, such separation is intermittent and will likely last only a couple of months. If after four months of separation and living apart, things do not seem to work out, then you might be tempted to file for divorce. The courts will, however, not grant you your wish because you are separated for less than a year. It is because the justice system takes into the fact that a year of living apart does have a detrimental impact on the relationship of a married couple. Therefore, only approach your divorce lawyer if you are sure that you and your partner have lived separately for more than one year. 

No Likelihood for Reconciliation — Problems in marriages are nothing new and married couples often try to find a solution to issues. For instance, one spouse might be verbally and emotionally abusive to their partner. In such a case, a family therapist will come in and try to reconcile the couples. While such remedies are effective, there are cases where the efforts of a therapist do not come to fruition. It is especially the case if one spouse doesn't show interest in reconciling with their partner. Therefore, if one party shows little signs of willingness to reconcile, then that is sufficient grounds to the courts to grant your divorce application. 

Married More than Two Years — Some couples get married, but in less than two years they realize that they can no longer stay married due to various reasons. Such partners will thus file for divorce, not knowing that family law does not allow partners to apply for a divorce if their marriage is less than two years old. Notably, you must be married for more than 2 years to be eligible to apply for divorce. However, the court will consider your divorce application if you provide a counselling certificate from a qualified marriage counsellor. The certificate indicates that you have both attended counseling and that the counsellor has proposed divorce as the only remedy.