NSW 12 month wait for Divorce?

Discussion in 'Family Law Forum' started by Trence, 13 May 2019.

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  1. Trence

    Trence Member

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    Hi all,

    I have left my wife, we separated in September 2018. When I went to a family lawyer for guidance on the next steps I was told that I had to remain separated for 12 months before I filed for divorce.

    Recently, several people have told me that we could possibly divorce immediately if both parties agree. I have searched online but can only find websites that support what my lawyer has told me.

    Any guidance would be greatly appreciated.

    Thanks
     
  2. sammy01

    sammy01 Well-Known Member

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    so the LAW states 12 months separation prior to divorce.
    But you can be 'separated under the same roof' so be living together as house mates....
    Look the easiest out is if both parties are desperate to get the thing done, then tell a little white lie on the form. Basically if you agree the relationship ended on 5th January 2018 then that is when it ended... Put that on the form, both sign... job done. BUT only if both parties agree.
     
  3. Trence

    Trence Member

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    Thanks Sammy01, this is what I thought would be the case
     
  4. Lennon

    Lennon Well-Known Member

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    Lying about the date of separation could become a real problem if there are any subsequent proceedings. It would involve swearing a false affidavit which is an offence (perjury) and would mean any subsequent evidence may not be accepted as truthful. Just wait out the 12 months.
     
  5. Trence

    Trence Member

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    Lennon, good advice and I don't have any intention of lying in a situation like this. I just wondered if there was another (legal) way to get it over and done with sooner. Cheers
     
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