Commonwealth Consolidated Acts

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Court to accommodate possible reconciliations

  (1)   A court exercising jurisdiction in:

  (a)   proceedings for a divorce order; or

  (b)   financial or part   VII proceedings instituted by a party to a subsisting marriage;

must consider, from time to time, the possibility of a reconciliation between the parties to the marriage.

  (2)   If, during the proceedings, the court considers, from the evidence in the proceedings or the attitude of the parties to the marriage, that there is a reasonable possibility of a reconciliation between the parties, the court may adjourn the proceedings to give the parties the opportunity to consider a reconciliation.

  (3)   If the court adjourns the proceedings under subsection   (2), the court must advise the parties to attend family counselling, or use the services of another appropriate person or organisation.

Note:   Before advising the parties, the court must consider seeking the advice of a family consultant about the services appropriate to the parties' needs (see section   11E).

  (4)   If, after an adjournment under subsection   (2), either of the parties requests that the proceedings resume, the court must resume the proceedings as soon as practicable.

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