Untying the Knot

23 Feb 2011 - Divorce 

Firstly, if you want to do your Divorce yourself, please read our article on DIY Divorce.

The only requirement in Australia is that your marriage has irretrievably broken down and that you have been separated for 12 months.

This is the actual piece of legislation. If your case is different, for instance you have been living separately under one roof, then ring us or contact us to discuss your circumstances.

Part VI—Divorce and nullity of marriage

48  Divorce

  1. An application under this Act for a divorce order in relation to a marriage shall be based on the ground that the marriage has broken down irretrievably.
  2. Subject to subsection
  3. In a proceeding instituted by such an application, the ground shall be held to have been established, and the divorce order shall be made, if, and only if, the court is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for the divorce order this page.
  4. A divorce order shall not be made if the court is satisfied that there is a reasonable likelihood of cohabitation being resumed.

49  Meaning of separation

  1. The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties.
  2. The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other.

50  Effect of resumption of cohabitation

  1. For the purposes of proceedings for a divorce order, where, after the parties to the marriage separated, they resumed cohabitation on one occasion but, within a period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart up to the date of the filing of the application, the periods of living separately and apart before and after the period of cohabitation may be aggregated as if they were one continuous period, but the period of cohabitation shall not be deemed to be part of the period of living separately and apart.
  2. For the purposes of subsection (1), a period of cohabitation shall be deemed to have continued during any interruption of the cohabitation that, in the opinion of the court, was not substantial.

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