VIC Wrong separation date

Discussion in 'Family Law Forum' started by Ebby, 16 April 2017.

Tags:
  1. Ebby

    Ebby Active Member

    Joined:
    16 April 2017
    Messages:
    5
    Likes Received:
    0
    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?
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,050
    Likes Received:
    844
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Ebby

    Ebby Active Member

    Joined:
    16 April 2017
    Messages:
    5
    Likes Received:
    0
    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?
     
  4. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,050
    Likes Received:
    844
    Quite likely.

    Helps

    It should be dismissed and the applicant would need to re-file.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    3,290
    Likes Received:
    461
    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?
     
  6. Ebby

    Ebby Active Member

    Joined:
    16 April 2017
    Messages:
    5
    Likes Received:
    0

    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.
     
  7. Ebby

    Ebby Active Member

    Joined:
    16 April 2017
    Messages:
    5
    Likes Received:
    0
    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.
     
    #7 Ebby, 16 April 2017
    Last edited by a moderator: 16 April 2017
Loading...

Share This Page

Loading...
gt;