Celebrities and Divorce: the Terminator's "biggest failure"

It was recently reported in the Sydney Morning Herald that Arnold Schwarzenegger, star of The Terminator and former Governor of California, deems his cheating on Maria Shriver to be his "biggest failure". Mr. Schwarzenegger, who fathered a child with his maid during his marriage to Ms Shriver separated from his wife after 25 years of marriage. Mr Schwarzenegger and Ms Shriver have yet to finalise their divorce from one another.

When couples experience difficulties in their relationship, most will hope that, through communication, their relationship will survive. However, in certain instances it may be very difficult if not impossible to sustain a relationship, leading parties to decide to bring their marriage to and end by getting a divorce. At Szabo & Associates Solicitors, we have many years of experience of working with clients that are considering divorcing from their spouse. We understand that arriving at the decision to divorce can be a very emotional time for people, who may not understand what the process of getting a divorce involves. If you are considering getting a divorce from your spouse, our team will work with you to navigate what can be a tricky area of the law to understand.

When can I get a divorce?

If you have married your spouse, you will have agreed to honour certain vows to one another. Essentially, you will have entered into a kind of contract with one another to live as spouses. The fact that you are considering getting a divorce from your spouse means that something has happened to violate the terms of your marriage to one another.

However, it is important to understand that the law regulates the basis on which a couple can divorce from one another. Under the Family Law Act, the only basis on which a couple can legally divorce from one another is where their marriage has 'irretrievably broken down'.

In order for you to be able to satisfy this basis for a divorce, you will need to be able to prove that:

1. You and your partner have been married for two years;
2. You have lived separately and apart from your spouse for at least 12 months; and
3. The marriage has deteriorated to such an extent that there is no likelihood that you and your spouse will be able to get back together.

Technically, the law only permits couples that have been married for two years to proceed directly to the courts to raise an action for divorce. If a couple has been married for less than a two-year period, the path to pursuing a divorce will be slightly longer. If you are considering getting a divorce from your spouse of less than two years, you will need to attend counselling sessions in the first instance, in order to establish if there is any hope at saving your relationship. It is only if you are unable to rekindle your relationship through counselling that you will be able to approach the courts.

What evidence is needed to show there is no hope of rekindling the relationship?

In order to divorce from your spouse, you will need to show that the married life that you previously enjoyed with your spouse has been 'severed' as from a certain point in time. In order to evidence this in proceedings for divorce, you will need to be able to demonstrate some practical changes that have been made to your life together, e.g. one party to the marriage has now left the marital home.

There are situations where a couple may still be living together in the martial home, but have otherwise 'separated' from one another. It will still be possible to pursue a divorce on this basis, but a court must be shown that you and your spouse are no longer living together as a married couple. In practice, this may involve your providing a witness who will be able to speak to the fact that:

You and your spouse do not share the same group of friends;You both do not have shared responsibility for household chores/maintenance duties; andYou and your spouse sleep separately.

What is the process of getting a divorce?

When an application for divorce is lodged with the courts, a hearing date will be issued. At the hearing, the court will look at the situation and consider whether or not the application should be granted. The first concern of a court in considering a divorce application will be whether there is clear evidence that the marriage has irretrievably broken down. Assuming that this is so, the court will want to know what arrangements have been made – where relevant – for the care of any children under 18 years old that you have with your spouse. Assuming that the court is satisfied that the legal requirements are met, and that arrangements for children are satisfactory, it will in most cases grant the application.

It should be kept in mind that while most couples may come to the decision to divorce jointly, there are times when one party may object to the divorce. They are entitled to oppose an application for a divorce in court. However, where there is clear evidence that the marriage has irretrievably broken down, any opposition to the application will have little sway over the court's decision.

While it may not always be possible, it is advisable that you and your spouse try and come to the decision to divorce jointly. This will allow for the court process to proceed much quicker than if one party opposes the action. That being said, the courts will not entertain any opposition to an application for a divorce if there is sufficient evidence to support the application – no matter how objectionable one spouse deems the court's involvement.

Getting a divorce from your spouse is a very big decision. Arriving at the decision that you can no longer sustain your marriage can weigh heavily on the mind, and may cause you to feel lonely and isolated. At Szabo & Associates Solicitors, we understand that people who are considering a divorce want assistance from understanding, professional legal advisors who can provide them with effective advice. 

Speak to experts about a divorce

We regularly work with clients that are interested in pursuing a divorce, and pride ourselves in providing a friendly, efficient service that aims to make the process of applying for a divorce as easy as possible. If you would like to speak to someone about getting a divorce, click here to speak to our team today.