In the traumatic time of a relationship breakdown, it’s not always front of mind as to whether you are legally defined as “separated”… “or not”… In fact, there is no legal definition of “separation” in a family law environment. However, there will be times you need to provide relevant evidence of the date you separated from your former partner.
As family lawyers, we receive enquiries from people who are unsure – “I am not sure if we are”, “I want to but he/she doesn’t seem to agree”.
Separating and the events leading into (and after) it is a major step. It is also not always a clearly defined moment. It can be a grey area as to “when is the separation date?” – particularly if there is no one partner who moves out of the residence.
The defining date of separation can be important with respect to a family law process.
For those who are married, for an order for a divorce to be granted, the two main criteria are:
For couples who are de facto, any application for a property settlement must be made within 2 years from the date of separation.
Troubles arise when parties do not have a definitive date of separation.
For many couples who have been together for some time, the parties will live separately but under the same roof for some time whilst finances are organised, alternative accommodation is sought and/or children and parenting issues are attended to.
To determine whether parties are still living together “as a couple”, the Court would consider several factors:
If you think you have separated, ultimately, it is your burden to prove the date.
To lock in your separation date, you should do the following:
This all assists if there is ever a dispute to the date of separation.
Separating is traumatic for most people. Generally, we do not enter into marriages or de facto relationships anticipating separation. As such, it is an emotionally charged time filled with trauma and loss.
During this vulnerable stage, it is often the most important time to reach out to a lawyer for knowledge to assist you in making informed decisions.
The involvement of a lawyer does not need to be hostile or cause more animosity. It can be a crucial step in facilitating an agreement between you and your former partner.
Even if just a first appointment, we encourage you to seek advice early so you may make informed decisions on the basis of what the future may look like – whether considering separation or you have actually separated.
If you require assistance at this time, please make an appointment with one of our lawyers today. The better prepared you are, the more likely you will achieve a successful outcome during the most difficult stages.
Family Lawyers Perth & Sydney
The information contained in this article is of general nature and should not be construed as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Meillon & Bright Family Lawyers.