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QLD Partner Separated for 4 Years - Commitment Ceremony or Divorce?

Discussion in 'Family Law Forum' started by Anna 88, 16 September 2015.

  1. Anna 88

    Anna 88 Member

    16 September 2015
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    Hi guys, I am just wondering if my partner and I are able to have a commitment ceremony even know he is still legally married to his ex wife, separated for 4 years. Can we still do it because it's not legally getting married or do we have to go though the whole divorce stuff as we don't even know where she is?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    A commitment ceremony is not legally binding as a marriage is, so it's not necessary for your partner to be divorced for this ceremony to go ahead. However, the ceremony will not give either of you the same legal standing as husband and wife. As a matter of interest, a person can enter into a de facto relationship while still married to another person.

    Just for information's sake, your partner can apply for a divorce as a sole applicant, and he does not need the consent of the other party for the divorce to pass. He will need to attempt to serve the application on his former spouse, but there are exceptions to this where the other party cannot be located.
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