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Dissolution of Marriage
18 Apr 2024

Being Successful in the Process: Recognising the Dissolution of Marriage in Australia

By Family Lawyers Mackay, 18 Apr 2024
Divorce & Separation, Divorce Mediation

Even though marriage is a holy bond between individuals, not all relationships succeed. Partners may think of the difficulty of terminating their marriage when their marital bonds become irreparable. In Australia, terminating a marriage is termed dissolution of marriage. This article will discuss the challenges of dissolving marriage in Australia. We will also consult the critical factors of a divorce agreement, the legal elements of marriage and divorce, and the distinctions between divorce and dissolution.

Family Law Divorce

Family law divorce solves the legal aspects of marriage and divorce. It encloses various issues, such as property division, child custody, and aid for spouses. When both parties decide to end their married life, they must deal with the intricate system of family law divorce to gain a proper and fair result. Family lawyers are crucial in leading customers via this method, notifying them of their privileges and responsibilities and informing their most effective help.

Critical Elements of a Divorce Agreement

A settlement agreement or separation agreement is another term for a divorce agreement. It is a legally binding contract discussing the parameters of the dissolution of marriage. It covers several divorce-related subjects, such as the division of property and debts, a visit and custody rights for kids, support for children, and spousal support. A divorce agreement’s vital elements are as follows:

  1. Property Distribution: The technique involves both parties resolving how they will divide their wealth, including investments, cars, savings accounts, and real estate, between themselves.
  2. Child Custody and Visitation: Both partners must settle on a parenting strategy that outlines how they will share visitation and custody privileges if they are their parents.
  3. Child Support: The agreement must state how much money each parent will provide the other to support their children.
  4. Spousal Support: Sometimes, one partner can get economic help from another spouse after divorce. The agreement should manage spousal support, including the payment and period of the expenses.

Legal Aspects of Marriage and Divorce

The legal processes of marriage and divorce encompass multiple legal aspects. The Marriage Act 1961 directs marriage in Australia, setting the provisions for a valid union. It states that both parties must be of marriageable age, not closely bonded, and capable of providing voluntary consent to the marriage. The Family Law Act of 1975 regulates the divorce procedure. The partner is eligible to apply for a divorce if they have been apart for at least a year and there is no possible chance of them getting back together.


By consulting one of our accredited family law mackay specialists.

Uncontested Divorce

An uncontested divorce happens when both partners agree to end their marriage and file for divorce. This indicates they both accept their relationship as irretrievably broken down and believe they cannot fix their issues or differences or communicate effectively.

Overview of Divorce Legislation in Australia

The Family Law Act of 1975 directs divorce laws in Australia. With the no-fault divorce scheme set by this Act, the court does not consider the motives behind the marriage’s dissolution when granting a divorce. As shown by 12 months of division, the enduring dissolution of the marriage is the only basis for divorce. The marriage is lawfully ended when the court gives a divorce, and both parties are free to get wed once more if they so select.

The Importance of a Divorce Contract

A divorce contract or agreement is critical in drafting the terms and conditions of ending a marriage. A well-drafted and thorough divorce contract ensures both parties grasp their rights and duties and minimises the likelihood of future conflicts. A contract must encompass every aspect of the divorce, including property division, child custody and support, and spousal support. It must be organised with a family lawyer’s aid to ensure compliance with suitable laws and protect the stakes of both parties.


By consulting one of our accredited family law mackay specialists.

How to Create a Dissolution of Marriage Agreement

Dissolving a marriage agreement can take a tough lot of work. Still, it can be achieved successfully with the proper support and guidance. The following are the directions to prepare a dissolution of marriage agreement:

  1. Consult a Family Lawyer: Consult a family lawyer with knowledge of divorce and family law. They will confirm your privileges remain valid and direct you via the process.
  2. Identify The Key Issues: Find the most critical topics in the contract, such as assets division, child custody, and assistance. Negotiate with your spouse to agree on these issues.
  3. Negotiate and Draft The Agreement: Work with your spouse and lawyers to negotiate and prepare the agreement. Estimate the essentials and stakes of both parties and try to achieve a fair outcome.
  4. Review and Finalise The Agreement: After preparing it, carefully check it with your lawyer. Make any needed revisions and summarise all terms and conditions. Once both parties are happy, sign the contract and have it noticed.

Defining Divorce and Its Impact on Individuals and Families

A divorce is more than simply a legal breakdown of a wedding. It dramatically affects the people who partake and their loved ones. Divorce can be a severe mental process that leaves individuals sad, angry, and remote. The couple may have to divide their support and pay spouse or child support, which might affect their finances. Children are often the ones who suffer the most from divorce, as they can feel missing, perplexed, and sad. People going through a divorce must ask for help from families, close companions, and professionals to get them through this trying time.


The process of finishing a relationship is complex and emotionally stressful. Anyone forming this way must know the legalities of marriage and divorce, the vital parts of divorce consent, and the contrasts between dissolution and divorce. Couples can guide the process more efficiently and make a just and fair conclusion for themselves and their families by getting the advice of experienced family lawyers. Recall that terminating a marriage may mean starting over, but it can also guide you to a fresh start.


By consulting one of our accredited family law mackay specialists.


What are Australia’s grounds for divorce?

In Australia, a 12-month separation procedure supplies evidence of the permanent dissolution of the marriage, which is the only ground for divorce.

What occurs if my partner opposes the divorce?

If your partner dissents, you may still be qualified to apply. You show a 12-month breakdown and a hard possibility of ever getting back jointly.

What is the duration needed in Australia to complete a divorce?

A divorce generally carries four to six months to complete after request, considering there aren’t any issues.

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