The Family Law Act 1975 (Cth) (FLA) changed the nature of the way we divorce, it introduced the concept of non-fault divorce, with only one ground available, this is an 'irretrievable breakdown' of the marriage. To prove this breakdown the couple has to be separated for 12 months before applying for the divorce. In divorce laws before the FLA women tended to be treated differently to men, with men often gaining more property, the introduction of no fault divorce in the FLA aimed to make divorce more equal. The Family Law Reform Act 1995 introduced new terminology for the terms custody and access, this was aimed to encourage divorcing parents to agree on arrangements in relation to the care and responsibility of their children rather than asking the court to do so, today only 5% of divorces end up in the family court, although this figure could be greater if divorcees didn't have the restraints of cost, time, and knowledge of the legal system.…
