1. SEPARATION & DIVORCE

2. DIVORCE STATISTICS
Explore the following statistics relating to divorce in Australia
If you are married, at what age are you likely to get divorced?
If you are married, what is the likely length of your marriage?
What factors impact the likelihood of divorce?
How can you decrease your chances of getting divorced?

3. DIVORCE Definition: The legal termination of a marriage
Family Law Act 1975 (Cth)
Use Austlii to find the relevant section of the Act that relates to divorce.
S.4 "divorce" means the termination of a marriage otherwise than by the death of a party to the marriage.
DIVORCE

4. Divorce?

5. LEGAL GROUNDS FOR DIVORCE
Irretrievable breakdown of a marriage
Evidenced by 12 months separation/living apart
Either party can initiate divorce proceedings after 12 months separation

6. IRRETRIEVABLE BREAKDOWN
No prospect of reconciliation (getting back together)
No fault or blame
BEFORE 1975?
Couples needed a reason to divorce
Four most common reasons
Desertion (abandonment)
Adultery (cheating)
Cruelty
Separation (>5yrs)

7. CASE STUDY – NO FAULT DIVORCE
Read p
Complete Questions 1, 2 & 3

8. SEPARATION - LIVING SEPARATELY

9. SEPARATION - LIVING SEPARATELY
Couple need to prove to the court they have lived apart for more than 12mths
Can involve moving out of the family home
Living separately in the same house?
Can occur when one partner cannot afford to live separately until the family assets are divided
Usually, the couple must not sleep or eat together or carry on any normal social engagements
This is proof of living independently and separately

10. SEPARATION & RECONCILIATION? (GETTING BACK TOGETHER)
The court wants to encourage couples to work out their problems
Short periods of reconciliation (<3mths) do not affect the 12mth separation period
E.G. If you separate, get back together, and then separate

11. RIGHTS ON Separation
People are not permitted to divorce until they reach a property settlement
Divorce – often straightforward
Property Settlement + Parenting Arrangements – often complicated
Parenting Arrangement
JOINT & EQUAL responsibility until the Family Court makes an order
Couples must partake in compulsory counselling
Can you get divorced in Australia if you were married overseas?
If so, are there any rules or regulations?
Answers: YES. Must be living in Aus. for 1yr before making divorce application

12. CLASSWORK
Check Your Understanding (p. 349)
Q.1 & 2