What are the common divorce reasons in Australia? All ex-couples in Australia had reasons to end their marriage with their exes. Some reasons may be big and valid, and some were tiny reasons that had already piled up. Let’s look at some of the following reasons for divorce:
- Infidelity
- Lack of communication or communication breakdown
- Lack of commitment and incompatibility
- Domestic violence, domestic abuse, or abusive behaviour
- Alcohol and drug abuse
- Physical and emotional abuse
- Financial problems or financial incompatibility
Now, some couples may have gone to therapy or relationship education if they had one or more of the reasons above. But that doesn’t mean they will have a healthier or relatively safe marriage. To learn more about how to initiate a divorce, we need to understand the factors that influence its commencement.
Australia’s No-Fault Divorce System
Australia has a no fault divorce system. This means that you do not need to provide the most common reasons for divorce for you to file for a divorce. Yes, neither spouse needs to prove the lapses of their partner. Family members don’t have to back up claims as well.
So, what’s the only reason they should prove? The only ground for divorce in Australia is the irretrievable breakdown of marriage or a marital breakdown. This means that all couples just need to prove is the breakdown of their marriage, and there is no reasonable chance of getting back together. It does not matter who was at fault or if both or at least one partner or one spouse wants a divorce.
Still, many factors can affect this, which include:
- Lost feelings
- Mental illnesses
- Religious differences
- Family interference, which can create feelings of isolation and loneliness and put a strain on a couple’s marriage
- Demographic characteristics such as cultural background, extramarital affairs, lack of physical intimacy, and poor communication. The list goes on, with incessant arguing, money disagreements and other financial issues, all leading to too much conflict
Are There Fault-Based Differences?
On the other hand, in fault-based divorces, a party will generally request a divorce from the other party because an existing fault. These faults, often termed as matrimonial offences, can include various things such as:
- Substance abuse
- Adultery
- Incarceration
- Abandonment
- Cruel treatment
- Emotional, physical, and psychological abuse
- Cruel treatment
- Impotence
- Inability to have physical relations
- Health problems and infections caused by Sexually Transmitted Diseases (STDs).
In fault-based divorces, a spouse may object to the divorce and present a defence to object to the fault. The proceedings can get complicated, considering the need to prove divorce reasons and grounds. In such cases, mere incompatibility or irreconcilable differences are not enough.
Since Australia has a no-fault divorce system, there is no need to prove common reasons for divorce, such as your partner was unfaithful, lack of marital satisfaction, communication problems, lack of commitment, or that both of you can no longer agree on just about anything.
What Is the Divorce Procedure?
If you have decided to separate from your spouse, even if you don’t need to prove divorce reasons, it’s important to understand divorce requirements for the proceedings.
To apply for a divorce in Australia, the following must be met:
- You must be legally married
- Your marriage must have broken down irretrievably
- You must have been separated from your spouse for at least 12 months
- You or your spouse must be an Australian citizen or have been living in Australia for at least the last 12 months prior to filing
- You and your spouse must make appropriate arrangements for the care of any child of your relationship, if relevant.
A divorce application can be applied for by one party alone or jointly. In addition, if you are married overseas, you can apply for a divorce in Australia as long as you meet the requirements above.
In fact, a study by the Australian Institute of Family Studies has marked communication problems as one of the main reasons for divorce.
Why Communication Is Important in Marriages
Communication problems have always been an infamous reason for divorce. Poor communication skills can lead to frustration and resentment. It may not be as bad as domestic violence or substance abuse, but it can slowly pile up and creep up like a snake in your relationship. Next thing you know, you slowly resent your partner because of their inability to speak up or to listen.
Getting Back Together During Divorce
As parties to a divorce, you may have remembered everything taught in premarital counselling or premarital education, or what premarital counselling teaches. You can get back together for up to three months without restarting the 12-month separation period. However, the time you spend back together will not count as part of the separation period.
For example, if you got separated for two months, get back together for one month and then separate again, the Court will consider that you have been separated for two months and not three months.
So let’s say you separated at the beginning of January 2023 and decided to try to make your marriage work again. You decide to work on communication skills, work on the gender roles, address those common reasons for arguing, and be among those healthy marriages and address significant differences.
To add, you try to patch things up and start living together again at the beginning of March 2023. You also try to establish positive connections with each other, provide mutual support, or attend a relationship enhancement program. But things still didn’t work out, and you only lived together for 3 months until the end of May 2023.
The Court will only consider two months (January and February) as separate, and you would only have to wait for another 10 months to reach the 12-month period of separation required by law for a divorce. Furthermore, isolated acts of sexual intercourse do not break the separation period. [In the Marriage of Feltus (1977) FLC 90-212].
What If the Marriage was Short?
For a short married life, if you and the other party were married for less than two years, you cannot apply for divorce unless you:
- Provide a certificate from a counsellor, stating that you have both attended marriage counselling and considered getting back together; or
- Ask the Court for permission for the hearing of your application to go ahead, even though you have not attended marriage counselling and have considered getting back together.
The Court will only grant permission to go ahead without a certificate if you can provide evidence (through an affidavit) that there are special reasons why you have not attended counselling and considered getting back together.
Special reasons may include not knowing the whereabouts of one spouse, the latter refusing to attend counselling, or if it is not appropriate to do so due to family violence or family violence orders.
What about the Children?
If there are children of the marriage, Section 55A of the Family Law Act 1975 provides that the Court must be satisfied that “proper arrangements in all the circumstances have been made for the care, welfare and development of children” before granting a divorce.
Children of the marriage include those of young age or the age groups of those under 18 years who were living with the parties at the time of the separation. Details such as where and with whom the children will live, risk factors, child care responsibilities, raising children, how often they see or communicate with the other parent, and financial agreements for the children have to be provided for the Court to be satisfied that proper arrangements have indeed been made.
We Can Help With the Divorce Process
As mentioned, getting a divorce does not require the need to prove divorce reasons. Instead, you will only need to prove the breakdown of the marriage. While that may seem straightforward, you will need to know the legal implications of starting a divorce.
So, if you have any more enquiries on common reasons for divorce and the divorce process, JB Solicitors can help. We have services for parties in need of legal assistance about divorce, ranging from property settlement to parenting arrangements.
Our team of family lawyers can explain legal matters on reasons for divorce and address your specific situation, especially if there are children involved. Let us tailor legal assistance that caters to your situation.
Contact a family lawyer today.
