Couple Who Vow to Divorce If Gay Marriage Legalised – Don’t Know They’re In for a Shock After Family Law Act Provisions Considered

Many of you will have read the story of Nick and Sarah Jensen, who are the “Christians” who are outraged that gay marriage might be legalised. They have declared to the World that they will be so outraged that they intend to divorce in the event that gay couples are permitted to marry.

Unfortunately, they ran off at the mouth without thinking – or getting family law advice.

You see, the provisions of Section 44 of the Family Law Act 1975 provide that:-

• The basic ground for divorce is at least 12 months of separation;
• No period can be spent living together as a couple thereafter before applying for a divorce; and
• The Court can only grant a divorce if it is satisfied that the relationship has irretrievably broken down.

So, it seems to us that as much as Nick and Sarah say that they’ll do this, unless they intend to perjure themselves by saying that they disavow their marriage partnership and no longer consider themselves a viable couple, they will not be able to carry out their self-proclaimed stunt “protest”.

It seems that the sort of recognition and permanency that gay couples crave to be able to achieve, is the very reason this silly protest cannot succeed – that is, unless Nick and Sarah genuinely want to swear that they are over, uncommitted, done, dusted, broken up and never to rekindle their loving relationship.

Sometimes you might need to curb your temper and outrage just long enough to fact check and be reasonable.

All the best for a great weekend!!

Dean Evans – Evans & Company Family Lawyers