Updated: Jan 31, 2020
We feel this blog post should probably start like one of those late morning infomercials “Does your husband snore too loud? Is your wife always on Facebook? Why not contact us and a get a divorce!” (note to self, research infomercials and see if the ShamWow guy is available. Last we read he had a bit of a run in with the law himself).
But, it's true! You can leave your husband if he snores too loud! Or your wife because of her excessive Facebook usage! In fact, just the other day one of our staff read a news article about a woman who has decided to put an end to her marriage after finding a text message from her husband referring to her as "SWMBO".
What is a "SWMBO"? At first, she didn’t know either! Turns out it's an acronym for ‘She Who Must Be Obeyed’ and lets just say, she wasn't too impressed.
While the above may seem a tad on the humorous side, with the no-fault divorce principle established by the Family Law Act 1975, the Court can grant a divorce without considering the reasons as to why the marriage broke down.
So if there is no need to show the Court why your marriage has ended, what exactly do you need to do for the Court to grant you a divorce?
In Australia the only ground for divorce that must be established is that the marriage has ended and that there is no reasonable likelihood of reconciliation. If you pass this threshold then you can apply for a divorce provided that the following is satisfied:
You are an Australian citizen
You live in Australia and regard Australia as your home; (or have lived in Australia ordinarily and for 12 months prior to filing for divorce)
You and your spouse have been separated for at least 12 months and one day prior to filing for divorce.
If you have been married for less than two years, you have attended counselling.
If there are children of the marriage, there are proper arrangements made for the care of the children.
If the above is satisfied then applications for divorce can rarely be opposed unless in circumstances where it can be established that the spouses have not in fact been separated for 12 months and/or the Court has no jurisdiction.
While a divorce is essentially the official end to a marriage, you should keep in mind that it does not deal with issues about property or parenting matters. While you can make decisions on these issues with your spouse at any time prior to filing for divorce, you only have up to 12 months from the date the divorce has been granted to deal with the property issues and parenting matters of the marriage.
This is why it is advisable that you first deal with the property and parenting matters prior to filing for divorce. You can do this by either coming to an agreement with your spouse and filing Consent Orders, or filing a separate application to seek Court Orders that would deal with property or parenting matters.
So what about the lady that her (now former) husband dubbed her She Who Must Be Obeyed? Well, we don’t really know what happened with her after her divorce, but you can read the article here and here. And if you need an affordable divorce lawyer in Newcastle, why not give us a call on (02) 8005 8025. Our divorce lawyers have years of experience and can provide you with excellent service for your peace of mind.
And just because divorce and the break down of any relationship is undoubtedly hard here is the ShamWow guy working his magic to put a bit of smile on your face. (We really need to get this guy to do a divorce infomercial for us).