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What is separation? Edit

Separation is the first step to legally ending your marriage. Separation refers to the cessation of your marital duties and relationship. Separation may need to be proved at a later date to the court, and the date of separation will be important when your divorce is finalised. Some factors that can indicate separation include:

  • Living separately
  • Sleeping in different rooms/beds
  • Ceasing to provide domestic services for one another (e.g. cooking, cleaning…)
  • Separating your finances
  • Lodging any forms with government agencies informing them of their

separation

  • Ceasing to have an intimate relationship
  • Awareness of your friends and family that you and your spouse have

separated

Separation under one roof Edit

It is possible to be separated from your spouse even if you continue to live together. In the event that you and your spouse are separated under one roof, you will need to provide affidavits that establish this. (For more information about what an affidavit is see- http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/affidavits/) If you and your spouse are joint applicants, you must both provide affidavits. If you are applying alone, you and an objective third party (like a friend or family member) must provide affidavits affirming your separation.

Reconciliation Edit

Only once and for a maximum of three months/a number of times so long as less than three months

Marriages of less than two years Edit

If your marriage lasted for less than two years, it will be necessary to attend counselling in order to establish whether there is a possibility of reconciliation prior to applying for a divorce. Alternatively you are able to seek permission from the Court to apply for a divorce without counselling.