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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