Family Law & Divorce

No-Fault Divorce

In plain English

In Australia you do not have to prove anyone did anything wrong to get divorced. You only have to show the marriage has broken down irretrievably.

What it means

Australia has had a no-fault divorce system since the Family Law Act 1975 (Cth). The only ground for divorce is the irretrievable breakdown of the marriage, shown by the couple being separated for at least 12 months and there being no reasonable likelihood of reconciliation. The court does not consider who was "at fault" for the breakdown, and reasons such as adultery or conflict are irrelevant to whether a divorce is granted. Conduct may occasionally be relevant in separate parenting or property matters, but not to the divorce itself.

How it's used

She was relieved to learn Australia has no-fault divorce, so she did not need to prove her husband's behaviour to end the marriage.

Dealing with no-fault divorce in real life?

Divorce, property settlement, parenting and de facto matters at a fixed fee. Our AI assistant, Rachel Z, takes your details in minutes and a qualified Australian lawyer handles the rest — at a fixed fee, with no hourly billing.