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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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so if we have been married less then 2yrs but separted for

Resolved Question:

so if we have been married less then 2yrs but separted for 12moths an my husband wants a divore from wat i looked up they said we either had to do conselling or he had to sign a afferdivd saying y he refuse conselling an y the marrige can b fixed
Submitted: 5 years ago.
Category: Australia Law
Expert:  Deborah Awyzio replied 5 years ago.

Deborah Awyzio :

That is right

Customer:

so wat will happpen once the pappers an the aferdavid r put in to the court if the judge dosnt like the afedavid wat will happen then

Deborah Awyzio :

For the court to be able to grant a divorce they must be satisfied that the marriage has irretrievably broken down, which is evidenced by twelve months separation. The court can either set the matter down for hearing to determine the factual dispute or they will adjourn the application to be heard after the two year period has passed.

Customer:

wats a factual dipute

Deborah Awyzio :

A factual dispute is where one person is saying one thing and the other person is saying something different.

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