Aylward Game Solicitors offers the experience of an Accredited Specialistsin Family Law with experience of practising family law in both Australia and the UK. Aylward Game Solicitors Family Law is a knowledgeable team of Brisbane family lawyers practicing in all areas of family law practice. Our extensive experience allows us to assist you in all areas of Brisbane family law including collaboration, mediation and litigation when necessary. If you want an Accredited Family Law Brisbane Specialist and experienced Member of Queensland Law Society then look no further than Ian Field and Aylward Game Solicitors. Please contact us for more information on your matter in family law Brisbane. You will be represented by the most competent and experienced Family Law Brisbane divorce solicitors.
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Brisbane Family Law and Relationship Law is a highly technical field of law that is constantly changing, particularly in relation to matters involving child custody. That’s why the Family Law Team at Brisbane Family Lawyers and Divorce Solicitors, Aylward Game, are all fully qualified practitioners focused purely on family law de facto and divorce matters, in Brisbane and across QLD and Australia. Engaging us as your family lawyers means investing in a partnership with us so that we understand your situation and goals when it comes to divorce, parenting issues, property settlement or spousal maintenance.
The lawyers at Aylward Game Solicitors are committed to helping you successfully resolve your specific legal issues, from beginning to end. Our Brisbane divorce lawyers will provide expert legal advice to enable you to fully understand your position and the options available. Our Brisbane Family law team will provide personal attention to your case and your individual circumstances throughout each step on your journey through the family law system. What’s more, we are adept in commercial law and property law & conveyancing as well, making us a formidable legal contact, whenever you need help navigating your way through the many aspects of the Australian judicial system.
It has long been the case that fault or behaviour on the part of either person is not relevant to the granting of a Divorce in Australia. There is one ground for the grant of a divorce which is that a marriage has irretrievably broken down and the only evidence in support of that is that the parties have lived separately for at least 12 months prior to the application for divorce is made.
With regards to the basis for a property settlement, the conduct of either spouse is very unlikely to be relevant. (We often get asked if this is the case, and in the majority of situations, conduct is simply not a relevant factor).
Whilst the development of Australian law owes much too English law in this respect, there is a difference between the position in Australia and that in England and Wales. At the time of writing this article (July 2018) a case is proceeding to be heard in the High Court in England and Wales in which the wife is attempting to overturn on appeal the decision made by two lower Courts to refuse her application for divorce.
In this unhappy situation, the parties were married in January 1978 and they separated in February 2015. The wife applied for a divorce on the basis of her allegations of her husband’s unreasonable behaviour. In England and Wales a divorce application can only be made on one of five grounds which are;
Even though the wife herself admitted that she had had an affair, she could not use that as the basis of her petition for divorce. She, therefore, alleged unreasonable behaviour on the part of the husband.
However, the husband appears to take the view that he does not wish to be divorced, notwithstanding his wife’s conduct, and he has chosen to defend the application for divorce, so far with some success. The judge who dealt with the case in the first instance described the allegations of unreasonable behaviour as, and I quote, ‘anodyne, flimsy and lacking beef’. The Supreme Court of England and Wales is the highest Court and therefore the last chance for the wife to appeal the decision to refuse her application for a divorce.
READ MORE: HOW TO GET DIVORCED WITHOUT GOING TO COURT
Whilst there may be ways in which the Family Law system in Australia could be improved, at least in Australia it is not necessary for the parties to a marriage to make allegations of unreasonable behaviour or adultery if they wish to get a divorce.