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Wednesday, 27 November 1974
Page: 2864


Senator MISSEN (Victoria) -I agree with that. I further say that when Senator Greenwood suggests that a genuine separation and a genuine living apart should be shown I point out to him that is the purpose of the amendment moved by the Attorney-General which embraces the words sought to be included in this clause by the Standing Committee. Senator Greenwood's amendment, which suddenly comes upon us to remove part of this clause and to say that the parties cannot be considered to be living separately and apart unless they are living in different residences, is certainly something which would be a great affliction on those who cannot leave the matrimonial home because of their financial position or because they do not have people to whom they can go for assistance and live. I think it would be a great blot on the law if we put Senator Greenwood's amendment into the legislation. It would be against the principles which have been developed over a number of years. It is highly desirable that we should be fair to those people who cannot leave the matrimonial home but who are still separated in all reality. They have enough difficulty in proving separation. If they prove that they are separated in reality they should have the opportunity to obtain a divorce. I think it would be a mistake for this Committee if it adopted the amendment moved by Senator Greenwood.







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