VIC Wrong separation date

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Ebby

Active Member
16 April 2017
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Will a divorce be dismissed if the applicant files a month before the 12 month separation date and the defendant can prove that there was no separation at the time listed?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Yes. However the courts needs to accept the respondent's evidence as both true and relevant. The judge will decide separation existed for 12 months after considering a number of different factors. For example having intimate relations once within the 12 month window is probably not sufficient by itself.
 

Ebby

Active Member
16 April 2017
5
0
31
Ok so even if the application filled at 11 months of separation. Would messages sent to one another and family and friends involving doing things together and messages organising dinners together and sharing pregnancy news together be sufficient that there was no separation on that date. And messages that show the day the relationship broke down at 12 months? This was a literal overnight breakdown of a marriage. So would that application get dismissed and would the application need to be filed again?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Would messages sent to one another and family and friends involving doing things together and messages organising dinners together and sharing pregnancy news together be sufficient that there was no separation on that date.
Quite likely.

messages that show the day the relationship broke down at 12 months?
Helps

So would that application get dismissed and would the application need to be filed again?
It should be dismissed and the applicant would need to re-file.
 

sammy01

Well-Known Member
27 September 2015
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So I'm assuming your ex filed the divorce and you're arguing the date is wrong by a month? So look, yep you could argue the case... Probably win too.... then the ex files again one month later and divorce is granted.... so what has been achieved by disputing the date? Just another argument.... True?
 

Ebby

Active Member
16 April 2017
5
0
31
So I'm assuming your ex filed the divorce and you're arguing the date is wrong by a month? So look, yep you could argue the case... Probably win too.... then the ex files again one month later and divorce is granted.... so what has been achieved by disputing the date? Just another argument.... True?

No, its that this is an overseas divorce and I want the divorce in my ex's country because everything, property. maintenance both spousal and child are included in the divorce decree. The property is in his country and good luck me chasing him from here for that to be disputed and maintenance if it is outside the divorce over there. I am preparing to file in his country where there is no separation time, I am just panicking that he will file here first, 3 months before our separation date (where he dumped a pregnant wife with planned baby and has not been in contact since) and basically just walk off. Where if it is done in his country everything must be sorted out first and maintenance is much more thorough and enforced in a much better way when it is in the divorce decree in his country. So if he was to file before me in the next couple of weeks I would want it dismissed so the petition in his country could still stand.
 

Ebby

Active Member
16 April 2017
5
0
31
So I'm assuming your ex filed the divorce and you're arguing the date is wrong by a month? So look, yep you could argue the case... Probably win too.... then the ex files again one month later and divorce is granted.... so what has been achieved by disputing the date? Just another argument.... True?
No, its that this is an overseas divorce and I want the divorce in my ex's country because everything, property. maintenance both spousal and child are included in the divorce decree. The property is in his country and good luck me chasing him from here for that to be disputed and maintenance if it is outside the divorce over there. I am preparing to file in his country where there is no separation time, I am just panicking that he will file here first, 3 months before our separation date (where he dumped a pregnant wife with planned baby and has not been in contact since) and basically just walk off. Where if it is done in his country everything must be sorted out first and maintenance is much more thorough and enforced in a much better way when it is in the divorce decree in his country. So if he was to file before me in the next couple of weeks I would want it dismissed so the petition in his country could still stand.
 
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