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Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the Family Law Act 1975, which established no-fault divorce in Australia. Since 1975, the only ground for divorce is the irretrievable breakdown of the marriage, evidenced by a twelve-month separation.
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
Adultery is the most common grounds for divorce. [1] However, there are countries that view male adultery differently than female adultery as grounds for divorce. [1] Before decisions on divorce are considered, one might check into state laws and country laws for legal divorce or separation as each culture has stipulations for divorce. [1]
In 1961, prominent NAWL member Matilda Fenberg explained the reasoning behind the group’s own proposed no-fault divorce bill and called current divorce laws “impractical and unsound.”
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In many cases, irreconcilable differences were the original and only grounds for no-fault divorce, such as in California, which enacted America's first purely no-fault divorce law in 1969. [2] California now lists one other possible basis, "permanent legal incapacity to make decisions" (formerly "incurable insanity"), on its divorce petition ...
Louisiana, which has considered eliminating no-fault divorce, was the first state to pass a "covenant marriage" law, a religion-based contract married couples can choose that makes it ...
As one legal scholar has noted: “The substantive law pertaining to legal separation continues to differ widely between the Member States: from Maltese law where there is a prohibition of divorce to Finnish of Swedish law where no actual grounds of divorce are required.” [11] In addition, legal culture in these countries is different on ...