Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 48

48. (1) An application under this Act by a party to a marriage for a decree of
dissolution of the marriage shall be based on the ground that the marriage has
broken down irretrievably.

(2) Subject to sub-section (3), in a proceeding instituted by such an
application, the ground shall be held to have been established, and a decree
of dissolution of the marriage shall be made, if, and only if, the court is
satisfied that the parties separated and thereafter lived separately and apart
for a continuous period of not less than 12 months immediately preceding the
date of the filing of the application for dissolution of marriage.

(3) A decree of dissolution of marriage shall not be made if the court is
satisfied that there is a reasonable likelihood of cohabitation being resumed.