Section 50 — Family Law Act 1975 (Cth)

(1) For the purposes of proceedings for a divorce order, where, after the parties to the marriage separated, they resumed cohabitation on one occasion but, within a period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart up to the date of the filing of the application, the periods of living separately and apart before and after the period of cohabitation may be aggregated as if they were one continuous period, but the period of cohabitation shall not be deemed to be part of the period of living separately and apart.

(2) For the purposes of subsection (1), a period of cohabitation shall be deemed to have continued during any interruption of the cohabitation that, in the opinion of the court, was not substantial.

Related sections

• s 47E — Regulations to be sole source of certain appellate jurisdiction
• s 48 — Divorce
• s 49 — Meaning of separation
• s 51 — Nullity of marriage
• s 52 — Court not to make divorce order where application for decree of nullity before it
• s 53 — Circumstances occurring before commencement of Act or outside Australia

Research how courts apply s 50

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