Parties separate when at least one of the couple decides to end the relationship and then acts upon it.
Usually one person moves out of the home, however sometimes this is not viable. In some circumstances courts will recognise a couple as having separated even though they are still living in the same household. Usually you will need to provide evidence of separation, including:
· Sleeping in separate bedrooms;
· Lack of a sexual relationship;
· No longer socialising as a couple;
· No longer providing domestic assistance to each other;
· Attending to separate personal and financial obligations.
When deciding to separate it is important to know the date of separation (as this flags the start of the 12 month period before you can apply for a divorce). It is a good idea to record the date in your diary and also inform a friend. You do not need to sign any document or make a formal notification.
From the time of separation, we can deal with relevant disputes over children, property, child support and maintenance. You do not have to wait for divorce to deal with these issues.
It is wise for you to contact us if you are thinking about separating from your partner. We can offer advice on your future options, including children, property and court procedures. We can also refer you to a counselling service.
From 1 July 2007 it is mandatory to see a Family Dispute Practitioner before commencing any Court proceedings regarding children.
Contact us to arrange a consultation or to send an enquiry now.
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