NO FAULT DIVORCE was embodied in the Family Law Act 1975. It was a very different story under the previous legislation, the Matrimonial Causes Act. Under that Act divorce could only occur in circumstances of proving fault such as adultery, abuse or abandonment. It was a very expensive, uncomfortable, embarrassing and public process.
There was great public debate at the time of the introduction of the Family Law Act with claims easy divorce would bring an easy end to relationships and damage the family unit. We often hear our client’s lamenting the fact that fault is not generally taken into account in property matters. Is it time for parliament to revisit the Family Law Act. Society has changed in significant ways over the last 40 years. The present debate about same sex marriage is just one of the more recent issues.
The ABC Radio ran a program in 2010 discussing the law udner the Matrimonial Causes Act. An interesting listen – visit the ABC page at this link