Jun 10, 2016
To obtain a divorce, the parties to the relationship must prove to the Court that they have been separated for at least 12 months. In some circumstances, this is easy to see. However, in others, it can be very difficult to tell whether this period has expired. Just to illustrate the confusion: a couple living together may be considered separated but a couple living in separate homes may not be considered separated if they continue to have a marital relationship.
In the end, only you and your partner can say whether you have separated or not. However the Court will consider a number of factors and may draw on information from the people around you to determine whether you have been separated.
Indicators that may be taken into consideration include:
- where you are living,
- whether your finances are intermingled,
- whether your friends and family consider you to be separated,
- whether there is a sexual relationship,
- whether you present to the world as a couple, and/or
- where there are children whether you consider the basis of your relationship as husband and wife or as father and mother.
If you have a family law matter, concerns on your divorce or questions about family law and divorce in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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Divorce, Divorce online, Divorce in NSW, Family Law, Family Law in NSW
