Family Law Accredited Specialists

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:

• The division of assets.
• Determining the liability for debts.
• Future parenting

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.

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 following:

• 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 children.
• The reputation and public aspects of your relationship.