No Doubt’ This is the End of the Road: Gwen Stefani and her husband to divorce

A legendary celebrity couple has recently announced that they are bringing their 13-year marriage to an end. It was reported here that Gwen Stefani and her husband Gavin Rossdale are divorcing following evidence that Mr Rossdale was unfaithful, having pursued a three-year affair with the couple’s Australian nanny, Mindy Mann. It was reported that Miss Stefani discovered her husband’s infidelity when she found revealing pictures and explicit messages between the pair on her child's iPad. 

Couples that marry often find their relationship subject to a number of pressures, and it is not uncommon for a couple, even where they have taken steps to try and salvage their relationship, to come to the realisation that they cannot sustain their life together. In this blog post, we review the law as it applies to divorce and what is needed in order to bring a marriage to an end.

 

When is it possible to pursue a divorce?

When you and your spouse marry, as was the case with Miss Stefani and Mr Rossdale, you are entering into a legal contract with one another as spouses. If you find yourself considering the need for a divorce, then something must have happened between you both that has resulted in the bond between you being severed, and the terms of your marriage being broken.

In Australia, the law is framed in such a way, under the Family Law Act, that you will only be able to pursue a divorce from your spouse if there is clear evidence that your relationship has ‘irretrievably broken down’. Another way of thinking about this is that you must be able to identify a certain point in time when the life you shared with your spouse underwent a fundamental change, and was ultimately severed. This may be, as was the case Stefani and Rossdale, infidelity. Alternatively, it may be that over time you and your spouse have grown apart and feel differently about one another. Regardless as to the reason, you will need to be able to communicate to a court - given that divorce is effectively the termination of a legal contract – that you no longer live together as a married couple. This can be done in different ways, but arguably the most effective is being able to rely on a witness to speak to you and your spouse having:

• Different social circles from one another;
• Distinct responsibilities for maintaining a home that you shared together; or
• Separate sleeping arrangements.

Is evidence of a breakdown in the relationship sufficient for a divorce?

While it is true that a divorce cannot be pursued without evidence that the relationship is unsustainable, there are other criteria that need to be met in order to pursue a divorce. It will need to be established that you and your spouse have:

1. Been married for two years;
2. Lived separately and apart from one another for no less than 12 months; and
3. No hope of ever being able to rekindle your relationship together.

There is scope for a divorce if you have been married for less than two years, but this will be a slightly longer process. You will need to attend a number of counselling sessions in order for a professional to help you to see if you can rescue your relationship. If this proves not to be the case, then permission will be granted to pursue a divorce in the courts.

What are the practical steps for getting a divorce?

If you meet all of the relevant criteria, the first step in getting a divorce from your spouse is to lodge your application with the court. Following on from this, a hearing date will be fixed where the court will consider the application. You should understand the courts role in this process. It is not the court’s place to judge either party’s actions, rather simply to consider an application and determine whether or not there is evidence that your relationship has broken down beyond repair. If there is clear evidence to support your application, then the courts will generally treat it favourably. It should be pointed out, however, that where you and your spouse have had children together, the court will want to know that you have taken time to adequately provide for their care and maintenance. This will include the preservation of their relationship with your spouse, following the court’s decision to grant a divorce.

What happens if my spouse doesn't want to divorce?

Your spouse is entitled to object to your application for a divorce, and the court will respect this. People may be very annoyed at the suggestion of a divorce, or wary of what it will mean for them in having to adjust to life without their partner. However, where the court has clear and compelling evidence that your relationship is largely non-existent, any objection will be unlikely to prevent the court from granting your application.

Maintaining a relationship is full of challenges. While many couples are able to overcome these, circumstances can and do change, and there may need to be a review of the sustainability of a marriage. The law reflects this fact and allows for marriages to be brought to an end, but only on evidence that it is not capable of saving.

Contact expert Divorce Solicitors in Sydney, NSW

At Szabo & Associates, we understand that you will not have taken the decision to divorce form your spouse lightly. We regularly work with clients who have agonised over their decision for prolonged periods of time, and are in need of advice from lawyers who understand their circumstances and concerns. Our team handle every aspect of divorce, from drafting of court paperwork to representing your best interests in negotiations, and in court proceedings if the need should arise. If you have any questions about divorce, or would like to speak to an experienced divorce lawyer, contact our team today.