Christian "We'll Divorce" Couple Can't Legally Divorce
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A Canberra Christian couple who have vowed to divorce if same-sex marriage is legalised may not be able to follow through with their plan due to the legal prerequisites for divorce.
Mr Jensen said he planned to continue living with his wife Sarah and be married "under God", but divorced in a legal sense.
But the Family Law Act states that an application for divorce will only be considered if the parties had separated and lived separately for a continuous period of at least 12 months.
Family lawyer Denis Farrar said the court also needs to be satisfied that there is no reasonable likelihood of cohabitation being resumed.
"It surprises me that any sensible person would make such a threat, because you can't get a divorce unless you've been separated for 12 months," he said.
"It doesn't sound like Mr Jensen could truthfully swear that those facts are correct. And in that case he may apply for a divorce, but he won't get it unless he lies."
