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Marriage Separation

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Amelia Trotman

Separation is the breakdown of a marriage on a permanent basis. In Queensland (and Australia) there is no ability to register a separation, however it may be necessary to prove when your separation occurred when you apply for a divorce or a property settlement.

In most cases, the date of separation is agreed between parties and often marked by an event such as one party leaving the matrimonial home to live somewhere else. But this is not aways the case and therefore it is a good idea to keep a record of the date that you consider the marriage came to an end and to communicate the separation to your spouse in writing, for example by text message or email.

In order to apply for a divorce, you must have been separated for at least 12 months before the date that you file your application. If your spouse disputes the date of separation and claims that you have not been separated for 12 months, and you cannot prove otherwise, your divorce will not be granted.

It is possible to be separated but still living in the same house as your former spouse, commonly referred to as "separated under the one roof". If the court is required to determine whether or when the parties actually separated they will look at a number of factors including:

  • Whether the parties continued to share a bedroom and/or maintain a sexual relationship after the alleged date of separation;
  • How domestic duties (cooking, cleaning, laundry, gardening etc) were shared after the alleged date of separation;
  • The extent to which finances were separated;
  • Whether either party communicated the separation to third parties such as family and friend In particular, parties may rely on posts made on social media as evidence of the alleged date of separation;
  • Whether either party made an application to Centrelink or updated their status to single with Centrelink or the Australian Tax Office.

where to next?

It is our aim to alleviate as much of the stress and uncertainty from our clients as possible. We do this by providing you with the information you need to understand the process and the family law system so that you feel calm and confident knowing the likely outcomes and how we will achieve the best outcome for you and your family.

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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