FamLaw: Part 2 - When you're on the fence about divorce

Written by James Frank | 15/06/16 12:48 AM

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. Part 2 of this article examines a second requirement for divorce and how sitting on the fence may impact your implication

Requirements for divorce

Another requirement for divorce is that parties must have been separated and lived separately for a period of 12 months before applying for divorce. If you’ve been uncertain about getting divorce, it is likely that you and your partner have tried to make things work. The Courts recognize that this is often an important part of coming to a final decision regarding your relationship with your husband or wife. Moreover, while the law allows for divorce, it does not promote it. For this reason, there is an exception to the twelve months requirement.

A notable exception…

If you resumed living together after separating but then separated again within a period of three months, the Court will combine the time before and after resuming living together to form a total of 12 months. This allows couples to give their relationship one more go after deciding to separate. This exception to the 12 months requirements means that you can sit on the fence a little bit – after all, family law deals with real people and real relationships. However, it is important to note that you can only resume your relationship once. If you resume it twice, you will have to start the 12 month period again at the conclusion of the second time.

A final word…

The Courts recognize that relationships can be messy and uncertain. For this reason, you can resume your relationship once in the 12 month period of separation prior to divorce and the court will combine the time before and after resuming the relationship to constitute the period of separation.

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.