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Falsity Prior to Marriage - Considered in Divorce Proceedings?

Discussion in 'Family Law Forum' started by ScottMC, 14 May 2014.

  1. ScottMC

    ScottMC Member

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    I understand it's one thing considered in divorce proceedings, where does the family law on that come from?
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day ScottMC,
    Are you able to give us some more information about your situation?
     
  3. ScottMC

    ScottMC Member

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    This is more of a general question.
     
  4. rebeccag

    rebeccag Well-Known Member

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    Ok. Generally, that doesn't appear to be a factor considered by the Family Court.

    To get a divorce, you just need to satisfy the Family Court that "you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life. It is possible to live together in the same home and still be separated".

    See the Family Law Courts page "Family law principles" that details principles such as no fault divorce and the Family Court considerations such as the best interests of the child, parental responsibilities, property division and dispute resolution.
     

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