ARRANGEMENT TO LIVE APART

Question 1

Arrangement to live apart

provision

4 elements

another different provisions - 2 rules

parliament?

Answer 1

s.14 - only refers to CIVIL MARRIAGES
- one year
- an agreement between the spouses
- filed to court -
- the court may vary or set aside the agreement or any provisions if it is satisfied that since the agreement was made, there has been a material change of circumstances s.14(2)
- the parties may apply to the court to determine their status after the expiry from the day of agreement - 1 year

provision:
1. rule 6 for marriage (matrimonial proceedings) rules - miscellaneous application inter-parties and shall be accompanied by a form of consent and agreement to live apart

2. rule 7 states origination summons after an expiration of a year for court to determine status.

hansard report: wanted 6 months but its was agreed that 1 year is better to allow the parties to try and consave the marriage.