Couple who vowed to divorce if gay marriage is allowed can't divorce without splitting up

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Canberra couple vow to legally end their union if gay marriage made legal
However, the couple's reason is not legally recognised by the courts
The Family Law Act states that divorce can only be granted 'on the grounds that the marriage has broken down irretrievably'
A couple must live separately for 12 months to authorise a divorce request
The court must also be reasonably satisfied that the couple will not reunite
Nick and Sarah Jensen have been married for 10 years and have two kids
The couple plan to continue living together and hope for more children
Say 'as a matter of conscience' they will not recognise new regulation

By Belinda Grant Geary For Daily Mail Australia and Andrea Magrath For Daily Mail Australia and Laura House For Daily Mail Australia

Published: 05:44 EST, 11 June 2015 | Updated: 05:41 EST, 12 June 2015

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A Canberra couple who claim they intend to divorce if marriage equality is legalised in Australia may face a legal hurdle as the reason for their separation does not meet the legal prerequisites for divorce.

Nick and Sarah Jensen, both 31, have stated that they will end their legal union later this year in rejection of government regulation if the marriage equality law is passed.

Mr Jensen, who has worked previously for the Australian Christian Lobby, and his wife, a GP, may not be in their legal rights to divorce, based on their concerns that the institution of marriage would be sullied if queer couples are given the right to wed.

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Nick and Sarah Jensen, both 33, have stated that they will legally divorce if gay marriage is legalised in Australia

The Family Law Act states that divorce can only be granted 'on the grounds that the marriage has broken down irretrievably', citing that the couple must live separately for at least 12 months before action can be taken.

Family lawyer Denis Farrar told the ABC that courts must also be satisfied that the couple would remain apart following the legal severance of their marriage.

'It surprises me that any sensible person would make such a threat, because you can't get a divorce unless you've been separated for 12 months,' he said.

Mr Farrar said the law would not support the Jensen's controversial move unless they attempt to deceive the courts.

Mr Jensen, who has taken issue with the institution of marriage being 'redefined', acknowledged that the Family Law Act may interfere with his plans to divorce his wife, who he has been happily married to for over a decade.

'There will be issues around the fact that we would have to prove that our marriage was irreconcilably broken, which it isn't,' he told the ABC.

The conservative couple just celebrated their 10-year wedding anniversary and have two children, Micah, three, and Bethany, one.

Speaking to Daily Mail Australia, Mr Jensen insisted that his pledge is 'not a form of protest'.

'It is a natural consequence of our decision to be married under the state, and then the state deciding to redefine what marriage is,' he said.

Ireland recently legalised same-sex marriage, a move that Australia is hoping to follow soon

'10 years ago we made an agreement with the state about what marriage was, and that was that it is a fundamental order of creation and part of God's intimate story for human history, man and woman for the sake of children, faithful for life,

'If the state goes down the line of changing this definition and changing the terms of that contract then that Is something we can no longer partake in.

Mr Jensen said that his stance is not intended to be 'against any individuals... we're debating what marriage is for all people. This is a fundamental social institution and if we hold a position on that then that's something we can't help but, with our conscience, follow through on.'

Writing in Canberra CityNews on Wednesday, Mr Jensen opined that marriage is the union of a man and woman, and he therefore refuses to recognise the government's regulation of marriage if they deemed it inclusive of same sex couples.

Couple must live apart for a year in order to get a divorce

'It is a natural consequence of our decision to be married under the state, and then the state deciding to redefine what marriage is,' Mr Jensen, who works for the Australian Christian Lobby, told Daily Mail Australia

Mr Jensen said his wife and he 'refuse to recognise the government's regulation of marriage if its definition includes the solemnisation of same sex couples'

Bill Shorten introduces bill to allow same-sex marriage (related)

The Marriage Amendment Bill 2015 proposes replacing the words 'man and woman' with the term 'two people' to define who can be legally married.

'Marriage is the union of a man and a woman before a community in the sight of God. And the marriage of any couple is important to God regardless of whether that couple recognises God's involvement or authority in it.

'My wife and I, as a matter of conscience, refuse to recognise the government's regulation of marriage if its definition includes the solemnisation of same sex couples.'

Mr Jensen says that he is not alone in his way of thinking - that many fellow Christians have revealed that they are also considering ending their marriage under the state if the bill is passed.

'Not everyone agrees, but they can respect that this is an issue of conscience for us'

Their stance is primarily symbolic, as the couple will continue to live together and refer to one another as husband and wife, Mr Jensen added, and hope to have more children.

'Hopefully we'll be able to explain to our children why we had to make this decision,' he told Daily Mail Australia.

Mr Jensen argues that government involvement in regulating marriage since the 1700s is relatively recent in the course of history, and that if they vote to make gay marriage legal, they will damage a 'fundamental building block' of Australian society.

'By changing the definition of marriage, 'marriage' will, in years to come, have an altogether different sense and purpose,' he added.

'When we signed that official-looking marriage certificate 10 years ago at Tuggeranong Baptist Church, we understood that the state was endorsing marriage, as currently defined, as the fundamental social institution – with all that this implied.

Supporters react outside Dublin Castle following the announcement of the result of the same-sex marriage referendum in Dublin on May 23

The Marriage Amendment Bill 2015 proposes replacing the words 'man and woman' with the term 'two people' to define who can be legally married

'But if this is no longer the case, then we no longer wish to be associated with this new definition. Marriage is sacred and what is truly 'marriage' will only ever be what it has always been.'

Calling the debate about whether to legalise marriage for same-sex couples 'shallow', Mr Jensen said that his pledge has garnered a lot of interest amongst his family, friends, and colleagues.

'Not everyone agrees, but they can respect that this is an issue of conscience for us,' he said.

'It's not that complicated an idea, to draw attention to the significant consequences of any changes in legislation - not only on existing marriages but future marriages and children not having a biological mother and father.'

Mr Jensen told Daily Mail Australia that he is not convinced the Marriage Amendment (Marriage Equality) Bill will be passed. 'I don't think the legislation is inevitable by any means,' he said.

However the Jensen's said they are not convinced the legislation will even pass in Australia

'I think the tide is actually turning on this and as the debate becomes deeper, I think what is more likely to happen is to shift into what Scott Morrison suggested which is actually that the state step out of marriage and just registers relationships - whatever type of relationship that wants to be registered.

'People will do what they do privately. The church can do what they do in terms of holding up their standard of marriage, and that's the more likely path at this stage.'

'There are a lot of major denominations that are having significant discussions about whether they will continue to be involved with the state if this legislation happens.

'It'll be a significant shift if the change happens, which I don't think it will.'

Mr Jensen has previously worked as a chaplain, and is the founding director of the Lachlan Macquarie Internship.