Sometimes whether or not the parties have separated is in dispute and even the date of separation can be an issue in dispute. It is a good idea to communicate a separation in writing, even if it’s just an email or text message. If you cannot prove you separated from your spouse at least twelve months prior to filing an Application for Divorce, the Court will not grant a divorce for you.
If there is a dispute about when and if a separation has occurred, an affidavit needs to address:-
- Whether or not the parties separated their financial affairs following separation.
- Whether the parties performed domestic duties for each other after the date of separation.
- Whether the parties slept in separate rooms or were intimate after the date of separation.
- Whether a party lodged documents with Government departments evidencing a separation, ie: Centrelink or the Australian Taxation Office.
- Whether or not it was publicly known that the parties had separated, ie: whether their friends and family knew.
Frequently Asked Questions