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Divorcing in protest?

Aug 13, 2015

Carr & Co

questionsRemember the couple that vowed to get divorced if laws allowing same sex marriage are passed in Australia? While most readers were left with a lot of questions about this article the main one that struck us was whether they could actually legally go through with it. Back in June, the couple vowed to get divorced but stated that they were not going to actually separate.

In Australia “the irretrievable breakdown of the marriage” is the only basis upon which a divorce can be granted. The ground is established by the husband and wife living apart, or separated, for at least 12 months prior to applying for divorce. There must also be no reasonable likelihood of reconciliation of the marriage.

How then will this couple get divorced?

It seems to us the only possible way would be if the couple file a joint application for divorce in which they claim that they have been separated for 12 months and by doing so, lie in their divorce application on their oath and both commit an act of perjury.

The moral of this story is don’t believe everything you read on Facebook!