Question
Sam and Rani have been married for ten years. Their marriage was turbulent by reason of Sam's cruelty towards Penelope. They separated on July 1,
Sam and Rani have been married for ten years. Their marriage was turbulent by reason of Sam's cruelty towards Penelope. They separated on July 1, 2001 when Sam established a cohabitational relationship with Jane. This relationship terminated in September whereupon Sam resumed cohabitation with Rani in an attempt to achieve reconciliation. After 24 days, Sam withdrew from matrimonial cohabitation. In November, Sam and Rani again resumed cohabitation in an attempt to reconcile, but after 25 days, they mutually agreed that any further attempts to reconcile would be futile. They nevertheless engaged in sexual intercourse in May and June, 2010, notwithstanding their perception of the marriage as ended.
By referring to Family Law Act 1975 (cth), can both spouses apply for a divorce? If so, on what basis? Discuss all relevant statutory provisions in Family law Act 1975 (cth)
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