What is No-Fault Divorce?

Since 1975, Australia has had "no-fault" divorce. This means:

You don't need to prove your spouse did anything wrong

The only ground for divorce is "irretrievable breakdown"

This is proved by 12 months of separation

Before 1975

Previously, divorce required proving:

Adultery

Desertion

Cruelty

Insanity

Other "faults"

This made divorce difficult, expensive, and humiliating.

What "No-Fault" Means

For Divorce

- You only need to show 12 months of separation

It doesn't matter who left whom

It doesn't matter if someone cheated

It doesn't matter whose "fault" the breakdown was

For Property

Generally, fault doesn't affect property division. The focus is on:

Contributions

Future needs

Just and equitable outcome

For Parenting

Fault in the marriage doesn't affect parenting arrangements. The focus is solely on children's best interests.

Common Misconceptions

"If they cheated, I get more"

False. Adultery doesn't affect property split or parenting.

"If I left, I lose"

False. Who initiated separation is irrelevant.

"They can stop me divorcing"

False. Only one party needs to want the divorce.

Why No-Fault Matters

Benefits

- Simpler process

Less conflict

Privacy (no airing dirty laundry)

Focus on the future, not the past

Faster and cheaper

Criticisms

Some feel that:

"Wrongdoing" should be punished

It's too easy to leave

It doesn't recognise fault

What Conduct DOES Matter

While fault doesn't affect divorce, some conduct matters:

Financial Misconduct

Hiding assets, dissipating funds, gambling away money - this can affect property settlement.

Safety Concerns

Family violence affects parenting arrangements and may exempt you from FDR.

Impact on Children

Conduct affecting children's wellbeing is relevant to parenting matters.

The Modern Approach

No-fault divorce reflects the view that:

Marriage breakdown is usually complex

Blame doesn't help anyone move forward

The legal system shouldn't force couples to stay married

Focus should be on practical arrangements, not punishment

No-Fault Divorce in Australia Explained