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Can you file for divorce in Australia before the end of the 1 year Separation

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gr0m1t
Posted by
New Member

07 Dec 20 #515024 by gr0m1t

Topic started by gr0m1t

My husband wants a divorce we have started the Australian mandatory 1 year separation. I want to get divorced in Australiia, but he is going to the UK in a couple of months and I'm worried that he will start divorce proceedings there.
Can divorce proceedings be initiated in Australia before the 1 year separation has ended?

rubytuesday
Moderator

14 Dec 20 #515105 by rubytuesday

Reply from rubytuesday

I'm sorry you've not had a reply as yet.

Under the Family Law Act 1975 Part IV s48(2) states very clearly "...the divorce order shall be made, if, and only if, the court is satisfied that the parties separated and thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for the divorce order."

So it seems that it's not possible to begin proceedings until that 12 month separation period is up. Would it be possible for you and your spouse to agree to divorce under Australian law - if the marital assets are held in Australia, it would make sense to divorce there.

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