While divorce refers to the specific legal process of ending a marriage, the separation process starts with a decision by one person or both people in the relationship. Separation starts when you bring the relationship to an end by ceasing to live together as a couple. While this decision is personal, it does have legal implications if you plan on eventually getting a divorce.
A separation lawyer at Melbourne Law Studio can help guide you through this process and what is required in your unique circumstances. Below, we look at some important points to consider.
When is Marriage Separation Official?
A separation means you and our partner no longer live together as a couple. This does not mean you have to live in separate homes. All that is needed is for it to be clearly stated that the relationship is over. It is best to document this in writing (for example, through a text message or email) if you plan to get a divorce.
This is because you need to have been separated for at least 12 months before you apply for a divorce. The date of separation is counted from the day the separation was mutually agreed upon or communicated from one person to the other. Documenting the date of your separation helps mitigate disputes over the date of separation.
When is a Couple Considered Separated Under One Roof?
To confirm a marriage separation under one roof, the court will consider evidence that you were separated. This includes:
- Change in sleeping arrangements and sexual activity
- Whether you told family and friends you separated
- A decline in shared activities or social outings
- Whether you divided finances, such as having separate bank accounts
- No longer sharing household duties such as cooking and cleaning for each other
A separation lawyer can help you prepare supporting affidavits if you want to apply for a divorce and have been living with your ex-partner under the same roof.
Contact Our Melbourne Family Lawyers for Advice
For help drafting a separation agreement or for any other assistance with separation and divorce, get in touch with our Melbourne family lawyers. Book your free 15-minute consultation today with the team at Melbourne Law Studio by calling 03 9021 1421 or contact us online.
