Same Sex Couples can now Divorce


As a consequence of the introduction of same sex marriage legislation, same sex couples who were married overseas are also now legally about to dissolve their marriage and obtain a divorce.

Previously, those same sex couples who were married overseas were not able to divorce in Australia as their marriage was not recognised in Australia.  Now, same sex couples are able to end their marriage.

The new legislation means that same sex marriages carried out in other countries are legally recognised in Australia.  Now, the same sex couple can obtain a divorce in Australia in the same way that heterosexual married couples can with the ground for divorce being that the marriage has broken down and there is no reasonable likelihood that the parties will reconcile.  There is no fault divorce in Australia.  The parties may apply after they have been separated for the requisite time.

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