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ARTICLE - Is divorce the only answer?
 Renee
and Peter separated in January 2004. They decided to try again to make
their marriage work. They lived together again for another two months
in June and July. They could not resolve their differences and separated
again at the end of July.
Under the Family Law Act, couples must be separated
for a period of at least 12 months before one party can apply for a
divorce. For the purpose of calculating the 12 month period, any period
of “trial
reconciliation” must be taken into account, provided that
the period of further cohabitation does not exceed three months. Separation
can include periods of separation “under the one roof”.
Thus, in this example, Renee and Peter had been
separated for five months over the period from January to May. They
would then have had to wait another seven months after July, before
applying for a divorce.
Who will the children live with?
The short answer
is “as
agreed between the parties”. Parents
should try to work out a parenting plan for their children,
at the time of separation. The parenting plan should include provisions
for residence (formerly called “custody”), contact
(formerly called “access”)
and specific issues such as who makes specific decisions about
school, pierced ears, ballet lessons, football teams, hairstyles,
etc.
How will property be divided?
Matrimonial property
can be divided at any time after separation. There are many
factors to take into account, including:
- contributions
made to the accumulation of property and to the family.
In many marriages, the contributions of caring for the family
and the contributions of the income earner are regarded
as equal. This may not be the case, where the marriage was short
or the contributions of one party are large.
- the present and future income, needs and responsibilities
of each party.
How do I find out about my rights?
It is important
to obtain legal advice about your rights, following the
breakdown of a marriage.
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Contact Kerrisons for more information
relating to family law matters:
Phone 02 4655
7066 or email us
today.
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