What is the divorce act?

The Divorce Act is categorised under the Family Law Act 1996 and relates to couples who are legally tied in marriage and wish to separate due to a specific reason.

The Act states that those involved in the marriage are advised to take practicable steps if their marriage has broken down, this may be by gaining marriage counseling or by other means in an attempt to save the marriage.

A marriage should end under the regulations of the Act with minimum disruption to the parties involved, including children that are affected directly or indirectly by the divorces. Questions that are put forward by either member of a couple should ensure that they are in good nature which should then lead to a good relationship carrying on after the divorce has been legally ended. The costs that incurred during the break up should be reasonable and not extended to an unreasonable level.

Any violence or risk that is presented to any of the parties involved should be removed or diminished from the outset of the divorce.

A submission for divorce can be made on the basis that a marriage has broken down. A statement must be made by one of the couple stating that a break down has occurred and that a divorce is being requested. A period of time should have been taken in which the consideration of reflection of the marriage has occurred. The future of the marriage should have been fully considered and the future implications must have been considered along with the parties that will be impacted upon by the break up of a marriage.

Agreements must be made on how the future will be regulated between the couple, if there are other parties involved, for example children, then the couple must come to some form of agreement.
This agreement can be enforced by the courts, this is usual practice if the couple do not agree on what the agreement should be; in this case the individuals are likely to hire legal representatives.
Alternatively an agreement is negotiated by the couple and if both are in agreement then the divorce will be finalised in relation to these terms. The agreemenet that has to be made is often relating to the financials which couples are involved in, for example whether one party will remain in the marital home and pay the other half off or whether a property will be sold and the money gained is split between the parties. Couples who have children are also required to discuss how the childrens time will be spent between each parent.