A marriage or de facto relationship separation is defined as the point at which a relationship ends. The date of separation is most important and relevant due to a number of factors including:
- How assets are divided.
- Determining the liability for debts.
If there is a dispute about the date of separation, and it is necessary for the Court to make a decision, the Court will consider factors including:
- What the parties said to each other about the relationship being at an end and when they were made.
- When parties told other people, including children, that the relationship had ended.
- When parties separated their finances.
- When the parties stopped having a sexual relationship.
- When the parties physically separated into separate bedrooms or houses.
No single factor is a determinant of separation.
How to Prove Separation Under One Roof
To prove separation under one roof, you will need to show that there has been a change in the marriage or de facto relationship. This can be either a gradual or sudden change that shows separation.
Some common changes to be aware of are:
- Change in sleeping arrangements
- Reduction in shared activities or family outings
- Decline in performing household duties for each other
- Division of finances; for example, separate bank accounts
- Any other matters that show the relationship has broken down such as one party notifying family and friends of the separation
You also need to explain a number of factors such as:
- Why you continued to live in the same home following separation
- Why you eventually left the home
- Living arrangements made for any of your children under 18 years of age during the time you wqere living under one roof
- What government departments (if any) were advised of the separation such as Centrelink or the Child Support Agency
Factors that are used to determine of couples have a relationship may include any or all of the follwoing:
- Duration of the relationship.
- Nature and extent of their common residence.
- Whether a sexual relationship exists.
- The degree of financial dependence or interdependence and any arrangements for financial support,
- Ownership, use and acquisition of your assets.
- Degree of mutual commitment to a shared life,
- Care and support of your chidlren.
- The reputation and public aspects of you relationship.