The Federal Circuit and Family Court of Australia have a no-fault divorce system which applies to all family law divorce matters. In other words, the court will not decide who is to blame for the breakdown of the marriage. Instead, it is the Court’s duty to assess whether the marriage ‘irretrievably’ broke down. This is the primary factor which the Court takes into account when determining whether a divorce order should be made. There is also a requirement that the parties have been separated for at least twelve months which is an indicative factor to a relationship being irretrievably broken down.
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