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NSW Response to Application for Divorce?

Discussion in 'Family Law Forum' started by ForATime, 15 July 2015.

  1. ForATime

    ForATime Well-Known Member

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    Preparing a Response based on irretrievable breakdown less than 12 months of living separately & apart prior to filing ( separation).

    Do I cite precedent cases?
    If so, how?

    Do you have any divorce cases you can suggest that support the scenario?

    I have a couple.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sorry, just to clarify, did you separate more or less than 12 months ago?
     
  3. ForATime

    ForATime Well-Known Member

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  4. AllForHer

    AllForHer Well-Known Member

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    If you have not been separated for at least 12 months, you are unable to divorce. It will be necessary for the other party to prove the separation for at least 12 months, indicating the marriage has broken down irretrievably. If you disagree with the dates indicated in the divorce application and intend on filing a response to address this, you will need to show some proof of when separation occurred.

    This does not require precedent cases because it's statutory law that parties be separated for at least 12 months, otherwise a divorce will not be granted.

    Does this help?
     
  5. ForATime

    ForATime Well-Known Member

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    Thank you.
    So once I respond the onus falls back on the Applicant?
    Statutory Law? So referring to FLA ss48-49?

    I have been told that such a matter with truckloads of evidence may be dismissed even before proceedings. As I am new to this, I am wondering, has this happened?
     

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