Australia has a non- fault divorce system for the dissolution of marriage. The only thing to be proved in divorce proceedings is irretrievable breakdown of marriage.
The only way to prove this is to demonstrate that the parties have been legally separated for at least 12 months.
If there is no doubt the about the date of separation, and the arrangement for children are clearly appropriate, the court will probably grant the divorce on the of one party even if the other party does not want it.
This article provides basic information only and is not a substitute for legal or other professional advice. If you are likely to be involved in court proceedings or legal action, you should get advice from a lawyer.
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