VIC Divorce Application Dismissed due to Marriage Counselling

[Sam Jayne]

I have recently had my divorce application dismissed in court. My ex had moved out in Jan 2014 - I submitted the application in Feb 2015 so had served the mandatory time separated.

My ex and I had attended marriage counselling before he moved out which had to happen after he attempted to smother me. We attended a few more sessions after he moved out - mainly so I could try to keep him calm as he was scaring me with his actions.

Not once in the counselling sessions did I say I was trying to save the marriage - that wasn't my reason for being there but the court decided that because we had attended the sessions up until April 2015 then we weren't considered separated. I was told I had to reapply 12 months after my last counselling session.

I don't think this is fair as we did not live together, we didn't go out as a couple - we did nothing to attempt to keep the marriage happening. We did not behave like a married couple nor was there any attempt - from my side - to repair the relationship.

Could someone please advise if this is the correct outcome of my case under family law given the circumstances or do I have reason to appeal?

 

[AllForHer]

For a divorce to be approved, the court needs to be satisfied that the relationship has broken down irretrievably. While not living together and not going out as a couple and the like proves you were separated, attendance on marriage counselling demonstrates that the relationship may still be retrievable. If it wasn't, the court would be asking why you would still attend such counselling if it was irretrievable.

 

[ForATime]

I have recently had my divorce application dismissed in court. My ex had moved out in Jan 2014 - I submitted the application in Feb 2015 so had served the mandatory time separated.

My ex and I had attended marriage counselling before he moved out which had to happen after he attempted to smother me. We attended a few more sessions after he moved out - mainly so I could try to keep him calm as he was scaring me with his actions.

Not once in the counselling sessions did I say I was trying to save the marriage - that wasn't my reason for being there but the court decided that because we had attended the sessions up until April 2015 then we weren't considered separated. I was told I had to reapply 12 months after my last counselling session.

I don't think this is fair as we did not live together, we didn't go out as a couple - we did nothing to attempt to keep the marriage happening. We did not behave like a married couple nor was there any attempt - from my side - to repair the relationship.

Could someone please advise if this is the correct outcome of my case under family law given the circumstances or do I have reason to appeal?

What was the Relevant Law & Conclusion?
What section of the Act was referred to?