Separation and Divorce
Under Family Law separation is defined as the ending of a marriage or de facto relationship. While, there is no need or to register a separation, it must be proven if it is disputed by the other party. On that basis, it is a good idea to confirm the separation in writing at or shortly after separation.
Confirmation of the date of separation is particularly important in terms of divorce and matters for property settlement. The date of separation is recorded on an Application for Divorce and is sworn or affirmed to be true and correct by the Applicant. The court will not grant your divorce if you cannot prove that you separated from your spouse at least 12 months before you file your Application for Divorce, the Court will not grant your divorce.
In considering whether a separation has taken place factors such as a couples living arrangements, domestic duties, financial affairs and known status of the relationship amongst family or friends are considered. Similarly, the Court may have no jurisdiction in respect to a property settlement if a party cannot prove that the couple were together for two years. n the case of a de facto relationship, particularly where the relationship ends on or about the two year mark, whether or not a property settlement is available can depend on which side of the two year mark the separation took place. The window period in which an applicant can bring proceedings from the time of separation is within two years.
Landers Solicitors Queensland have helped thousands of couples through separation and divorce and can assist your to resolve you matter professionally and as amicably as possible.