No person does not just divorce their partner without proper reason. However, with the numerous reasons to divorce your partner, what is a valid one that the court will consider? Before we answer this, let’s look at the concept that the court follows when deciding for divorce cases.
The concept of no-fault divorce was introduced in Australia in the late 1970s, marking a critical turning point. Before this, divorce could only be obtained in Australia on the grounds of the wrongdoing of at least one partner. These grounds may include:
- Adultery
- Abuse or abandonment
- Drunkenness
- Insanity
The grounds for no-fault divorce are typically based on the irretrievable breakdown of the marriage that happens when there is too much conflict. Simply put, back then couples can divorce because their paartner was abusive, abandoned them, or cheated on them. Now, they just need to prove that they cannot get along with no hopes of reconciliation.
This means that the marriage has failed and there is no chance of reconciliation in the deteriorating relationship. The most common evidence of irretrievable breakdown is the parties have lived separately and apart for at least 12 months. The no-fault divorce was lifted, after the enactment of the Family Law Act.
Indeed married couples are no longer required to prove a reason for their marriage’s dissolution. However, residual fault can still be relevant especially when it comes to parenting arrangements. Residual fault is a concept in divorce law where one party may still bear some responsibility for the fault or marital breakdown.
Top Reasons To Divorce in Australia
1. Domestic Violence or Emotional Abuse
Domestic violence is one of the most leading reasons for divorce in Australia. Domestic violence is a serious issue that can have a significant impact on the lives of those affected. Moreover, the Family Law Act recognises the importance of protecting victims of domestic violence. Domestic abuse (physical and emotional abuse) or violence is a relevant factor when the court is making decisions about:
- Parenting arrangements/plans
- Property division/settlement; and
- Spousal maintenance
2. Poor Communication Skills
Effective communication skills is an essential component of a strong and healthy marriage. When communication breaks down, it can lead to misunderstandings, conflicts, and emotional distance between partners. Couples who struggle to communicate effectively may end up separating or divorcing. Examples of communication problems include:
- Avoiding communication about problems and letting the problem solve it on its own.
- Lack of active listening. This is the fully engaging oneself to a person talking, no distractions and whatnot.
- Defensiveness and unreasonable blaming and criticisms
- Withholding emotions and concerns
- Giving the “silent treatment” as an option to resolve problems
- Raising one’s voice during arguments
A marriage counsellor or aa relationship enhancement program can help resolve such problems if the couple can’t fix it themselves.
3. Irreconcilable Differences
We can only tolerate so much of aa person’s personal opinions and beliefs. Now, what if that person is your partner? To what extent can you handle religious differences? What if one spouse wants children and the other one does not? These are only among the few differences that a couple may encounter in the long run. In return, this may cause a strain in their relationship and lead to divorce.
4. Infidelity/Extramarital Affairs
Cheating is never okay! Infidelity involves a breach of trust in a committed relationship and is one of the reasons to divorce. Lack of commitment can cause significant emotional pain and damage to the relationship. Moreover, it can create feelings of anger, betrayal, and insecurity, and make it difficult for the partners to rebuild trust and physical intimacy. It is one of the most common reasons for divorce.
In many cases, infidelity leads to the end of the marriage. However, some couples may choose to work through the issue and attempt to rebuild their relationship. Yes, this will require extreme levels of understanding and building trust between the couple. So, couples should think twice if they want to get back together with an unfaithful partner.
5. Alcohol/Substance Abuse
Substance abuse can have a significant impact on a relationship and can cause a range of physical and mental health problems. Moreover, it can lead to an issue of financial problems. Partners abusing substances may keep shelling out money for drugs and alcohol instead of paying bills or child support.
Couples who want to help their partners who are drug and alcohol abusers may seek correctional programs. These programs can help partners who have trouble quitting drugs and alcohol to change for the better. Couples may also go to court for a court-ordered drug test if they suspect that their partner is using drugs and alcohol.
6. Are Financial Issues One of the Common Reasons To Divorce Your Partner?
People in the world have mouths to feed especially if they have a family. Everything around us almost costs something in more ways than one. Groceries? Bills? Transportation? That’s why people who want to marry want a financially stable and responsible partner. We cannot reiterate how financial problems can cause divorce.
Financial constraints can cause severe arguments between couples on debt, unemployment, or unequal distribution of household expenses. It can lead to mental health strain as they lose positive connections. Additionally, money disagreements can limit a couple’s ability to meet their basic needs and achieve their goals.
These issues can also cause a lack of trust and a breakdown in communication, which can further contribute to the end of a marriage.
7. Parenting Arrangements/Child Care Responsibilities
Parenting arrangements can also be one of the most common reasons to divorce in Australia. Irreconcilable differences in parenting styles and disagreements about child-rearing can cause significant conflicts in a relationship.
Sometimes, the main cause of this problem is because a parent or both parents were not ready to have a child in the first place. Parents should have the commitment to care for a child and the ability to handle themselves emotionally, physically, psychologically, and financially.
If parents cannot agree on parenting arrangements, this may change how their children see them. Eventually, this can also lead to divorce which can cause further problems if not resolved. Parents who cannot fix their parenting arrangements during divorce can still seek help from the court.
Remember, courts will only approve a parenting arrangement if it is in the child’s best interests.
Read: Parallel Parenting Plan: Is It the Parenting Style for You? | JB Solicitors
Why Premarital Counselling Is Important
This is an important part of a relationship. Though not mandatory, it can help couples have a clear sense of what they want in their relationship and help them tackle possible hurdles in marriage. Premarital counseling teaches the following:
- Proper communication and how to settle problems in a relationship
- Organising finances
- Children and parenthood
- Intimacy and affection
- Roles and responsibilities as a parent and as a partner
- Setting healthy boundaries for extended family members
How Can We Help With Divorce Matters?
JB Solicitors is a family law firm that aids divorced couples on how to approach their divorce properly and legally. The divorce process involves numerous procedures and implications that may be difficult to deal with without the help of a family lawyer.
So, it’s important to speak with one in our firm before you decide to file a divorce. Disputed couples may also book mediation and arbitration services if they want to settle legal matters amicably. Book a session in our firm today and we’ll explain how you can resolve your divorce problems without the court’s intervention…on a relatively cheaper price!
Contact a divorce lawyer today for more information about reasons to divorce in Australia.
