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A court must refuse the divorce order if there is a reasonable likelihood of cohabitation resuming.
The three elements of separation must be established for any divorce to be effective. These are:
1. Action ie separating and then living separately and apart for 12 months.
2. Intention
3. Communication
Action/ Separation
The legal meaning of ‘separation’ does not concern physical separation. It relates to the effective breakdown of the matrimonial relationship and requires the action of only one party . In the Marriage of Pavey (1976) the Full Court stated ‘what compromises the marital relationship for each couple will vary...
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