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Jessica
Consultant
Leon, Expert
Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.
Leon, Expert
Good Afternoon
Were they married?
Leon, Expert
Are they still married?
Leon, Expert
So they have not divorced.
She does not need his consent.
She can apply on her own.
Leon, Expert
She can avoid the property split but I need to discuss it on the phone it is easier
Leon, Expert
She can apply and serve him
She does nothing about property.
He then has 12 months to file for a property split.
If he does nothing and 12 months pass then the right is over.
He cannot do anything
She has to apply and get the divorce not mention anything about the property
If he starts the action then she has to defend it.
She does not start anything apart from the divorce.
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Regards
Leon