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We're separated, I can apply for Divorce at any time, right? - Common Misconceptions Part 2

Unlike Kim Kardashian, in Australia, you cannot marry someone on one day, only to decide that was the wrong decision and file for divorce 72 days later.

Instead, the law recognises the fragility and “ups and downs” of relationships, requiring that the marriage has broken down irretrievably. Contrary to popular belief, it is not relevant why the relationship broke down, just that it has. This means that the Court does not consider factors such as infidelity.

To show that the marriage has broken down irretrievably, it must be shown that the parties have lived separately and apart for at least 12 months before being able to apply for a divorce. If one person moves out but moves back in, to give the marriage another shot, for example, this is taken into account when determining the required 12 months of separation. If the couple lives together on one occasion for less than three months, or any other not substantial period of time, that time is not calculated in determining the 12 months period.

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Defacto relationships - Common Misconceptions Part 1

One question that lawyers often find unmarried people ask outside of work is “if we broke up, would he/she be able to make a claim on my assets?”

This answer to this question comes down to whether or not you are in a de facto relationship. Unfortunately, that is not always as cut and dry as it may seem and the topic carries with it a lot of misconceptions. The main one being that there is no set timeframe from which you can definitely say that you are in a de facto relationship. Rather, the legislation simply indicates that you are in a de facto relationship if you are not married, and you live together in a marriage-like relationship. Understandably, what one person considers to be “marriage-like” may be vastly different to what another considers that to be.

So at what point are you in a de facto relationship? Have you been unwittingly in one without even knowing it?

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MARRIED AT FIRST SIGHT - WHAT COULD GO WRONG?!

Married at First Sight – what could go wrong?!

Married At First Sight – the series we all love to hate and hate to love. With many people sick of choosing the wrong person for themselves time and time again, often via their online dating accounts, you can forgive some for thinking that, just maybe, these modern-day arranged marriages are the way of the future. And who can blame them with unlikely love birds like Telv and Sarah flaunting their love on national television?!

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Why is marriage about Sex?

WHY IS MARRIAGE ABOUT SEX?

Mankind, from the earliest of times, has been driven to live within a community and to have the intimacy of a loving and committed relationship with the person of their choice.

By Christian tradition this relationship would only be solemnised by a Christian Church in the form of marriage if the union was between a man and a woman.

In the mid-19th Century, the Courts defined marriage as “the voluntary union for life of one man and one woman to the exclusion of all others.

S5(1) of the Marriage Act 1961 continues this definition; “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”

Why do we as a society, refuse to consider or allow a conscious vote by our elected representatives to determine whether the fundamental right of an individual to choose with whom they wish to enter into a union to the exclusion of all others for life should or should not be solemnised? The Answer must be fear.

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