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West Pennant Hills: (02) 9481 0428
Ermington: (02) 9898 1155
Auburn: (02) 9749 1055

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Marriage De Facto Relationship Separation

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.

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Hills District

  • Level 1, Suite 2, 10 Castle Hill Road
    WEST PENNANT HILLS NSW 2125
  • (02) 9481 0428
  • P.O. Box 302
    ERMINGTON NSW 1700

Parramatta District

  • Suite 4, 8 Betty Cuthbert Avenue
    ERMINGTON NSW 2115
  • (02) 9898 1155
  • P.O. Box 302
    ERMINGTON NSW 1700

Auburn

  • 1 Mary Street
    AUBURN NSW 2144
  • (02) 9749 1055
  • P.O. Box 76
    AUBURN NSW 1835

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