Newspaper article The Daily Mercury (Mackay, Australia)

What to Think about When Thinking Divorce

Newspaper article The Daily Mercury (Mackay, Australia)

What to Think about When Thinking Divorce

Article excerpt

THIS morning I got a call from my fictitious client, Victor Lawless: Vic explained he wants a divorce immediately.

A person can apply for a divorce once they have been separated for a period of 12 months. There is no need to prove adultery or other fault - just irretrievable breakdown of the marriage. The separation period is designed to allow the parties to have some space, try to resolve their issues (eg through counselling) and see if they can make it work.

Separation can still occur if the parties are living under one roof and sharing household chores, but it can make the divorce application more involved and expensive.

The word "separation" does not mean physical separation, but simply the effective breakdown of the matrimonial relationship. A one-off sexual encounter does not on its own necessarily break the "separation" period or mean parties are deemed to be cohabiting again.

A divorce application cannot be filed within two years of the date of marriage, without special permission (leave) of the Court unless a certificate is provided that the parties have considered a reconciliation with the assistance of an approved family counsellor. …

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