In Mahon v Mahon  FCCA 510 a dispute arose about the date of separation of a married couple. The husband claimed he bought a property after separation in 2005, though the wife maintained that it should be included in the joint asset pool to be divided between them. She believed that the separation began in 2012.
The couple had three children from 2005 onwards, although the court stated that “…the birth of children alone… is not on its own proof of an ongoing marriage…” and therefore prevented the wife from relying on that fact to prove the marriage’s existence.
The fact that the parties bought their own properties in 2005 and 2008 added weight to the date of separation being in 2005.
The payment of child support by the father since 2010 was held to have the same effect.
The mother had attempted to claim a single parent benefit from Centrelink in 2004 and 2005 and overall the court determined that the parties had separated in 2005.
Divorce proceedings can be a complex process. We therefore recommend you seek legal advice from one of our experienced family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, who is very experienced in this area.
Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.
Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding divorce proceedings.
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