Wednesday, 3 September 2014

Consent Divorce And the 3 Year Separation

divorce law
When both husband and wife have lived apart for a period of 3 years and are in agreement that their marriage is over, either of them can apply to the family court for a divorce on this basis.


Divorcing couples should have discussed the terms and conditions beforehand, whilst living apart and/or having drafted a deed of separation or marital agreement.Couples would have come to an agreement with regard to financial and custodial arrangements.


The deed of separation will be drawn up by a Solicitor who will also have advised parties on the impact this may have in relation to the divorce proceedings further down the track.


At the end of this 3 year period, either party may proceed to file for divorce based on separation one party will commence divorce proceedings. A consent order, which uses the terms of the deed of separation which is used to set out the financial arrangements, will be part of the divorce proceedings.


Living Apart


It is not necessary to actually live in different properties as long as divorcing couples prove that they are living 2 separate lives but it may be difficult to establish with the family court that you have truly lived separate lives. Sleeping, eating and cooking separately are considered in establishing proof of separation.


Divorcing couples should to seek advice from and experienced family lawyer with how best to proceed with an amicable consent divorce.

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