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The High Court denied the applicant's request for a Decree of Divorce, finding that the statutory proofs for divorce were not met, as the parties had not lived apart for the required period prior to the initiation of proceedings. However, the court granted a Decree of Judicial Separation, concluding that a normal marital relationship had not existed between the spouses for over a year before the application. The court also made provisions for ancillary reliefs, including maintenance for the child and declarations regarding property and financial assets, ensuring proper provision for both parties and their child.
Divorce, Judicial Separation, Family Law (Divorce) Act 1996, Family Law Act 1995, Judicial Separation and Family Law Reform Act 1989, proper provision, ancillary reliefs, maintenance, shared custody, financial assets, company shares, marital relationship, living apart, non-consummation, child welfare, accommodation costs, income disparity, standard of living, business assets, financial disclosure, credit card usage, director's loan, gift vs. loan, company withdrawals, capital gains tax (CGT), stamp duty, timeshare property, pension.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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