Jun 15, 2016
Divorce is a word that might be thrown around lightly in the world of 72 day Kardashian marriages. However, the truth is that divorce is hard. Regardless of the current relationship between you and your partner, you might have been on the fence about divorce for years. This article isn’t to encourage you either way- it is simply to provide information regarding what the law says about sitting on the fence.
Requirements for divorce
One of the requirements of divorce is that the court must be satisfied that there is no reasonable likelihood of the parties resuming cohabitation. If you have been on the fence about divorce for a while, these requirements apply particularly to you since you may have separated and reconnected with your partner multiple times.
Getting down to details…
So, what does ‘reasonable likelihood’ mean in the context of this requirement? Well, ‘reasonableness’ is a standard which is used in many areas of law and is both frustrating and helpful in its vagueness. Legislation uses terms like this because they allow for the law to consider each individual on a case by case basis by from a seemingly objective standard. However, it makes it very hard to know if you fulfil the requirements for divorce if you have been living on and off with your partner. Some general principles which have been relied on in previous cases where this requirement has been disputed include:
- The intention of the parties to resume living together or whether the parties have entertained living together and giving it another go
- The material aspects of the relationship which are resumed e.g. sleeping in the same bed, presenting as a couple etc.
If you or your partner claim that this requirement has not been fulfilled, evidence of the above will need to be provided before the date of hearing.
A final word…
It is important to note that the Courts will not punish you for trying to repair your relationship. If you have attempted to reconnect with your partner but are now resolved that your differences are irreconcilable, it is unlikely that the Court would refuse your application. However, if you are still on the fence and acting in a way to suggest that you would be open to resuming cohabitation, you may face some legal difficulties in getting divorced. There is one exception to this which is discussed in part 2 of ‘When you are on the fence about divorce’.
If you have a family law matter, concerns on your divorce or questions about family law and divorce in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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Divorce, Divorce online, Divorce in NSW, Family Law, Family Law in NSW
