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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.
Some countries, such as Switzerland and Germany, no longer require fault to dissolve marriages. [8] In Germany, a divorce is granted if the marriage has broken down. It is assumed that the marriage has broken down if the parties have been living apart for one year and both apply for divorce or if the respondent consents to the divorce.
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.”
The surveys revealed that 50% of Americans are disappointed with no-fault divorce and would like alterations to the system to make no-fault divorce more difficult. [31] A no-fault divorce is much easier to obtain than a fault divorce. [32] They save time and money plus neither party has to provide evidence. [32] A no-fault divorce also allows ...
And states determine their own divorce laws, so national leaders can’t change policy. “Even in some of the so-called red states, it hasn’t gotten anywhere,” said Beverly Willett, co-chair of the Coalition for Divorce Reform, whose group has unsuccessfully attempted to convince states to repeal their no-fault divorce laws.
Since 2010, all states have legalized a no-fault divorce option, though the processes, time frames and requirements differ. Incompatibility or irreconcilable differences are the most common ...
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 ...