Ending a marriage or a de facto relationship is quite complicated. In family law separation must be proven if the matter is being challenged by either one of the parties involved. Setting the facts straight before the Court of Law is highly crucial as this can affect a court ruling.
If you are going through such a tough time, make sure that you come prepared. Whether being the plaintiff or the defendant, the following will give you a heads up regarding divorce, property settlement, and child custody.
Divorce Application Basics
Facts such as the date of terminating the relationship and any written text that records such decision should be presented at court.
Most often, in family law separation, these pieces of evidence — or the lack thereof — may affect the result of cases for both property settlement and divorce. Likewise, the date of separation should be specifically recorded in the Application for Divorce. Furthermore, the applicant should swear or affirm this to be accurate and correct before a Court of Law.
However, if the separation is not proven within a year or 12 months from filing the divorce, the Court may decide against the applicant.
Regarding De facto relationships
In the case of relationships recognised by the state as de facto, separation can only be recognised only on or about the two-year mark. Any relationship that was less than two years long can never be under the jurisdiction of the Family Law Act. Hence, any disputes regarding assets may not be covered.
Nonetheless, there are alternative measures to take if the couple does not meet the two-year requirement. It is still necessary that either of the parties bring the matter to the court within two years from the date of separation.
When does separation happen…?
According to family law separation may happen even if the couple is still living under a single roof. This may also happen in a gradual manner.
Thus, the Court should examine a variety of factors to determine when separation has actually taken place. The following are some factors considered by the Court:
- Whether or not both parties have been sleeping together or in separate rooms from the alleged separation date
- Whether or not both parties have performed common domestic tasks such as washing clothes and cooking for each other
- Whether or not the couple have separated each other’s financial affairs to a certain extent
- Whether or not the couple have signed or lodged any form or document indicating singlehood or separation in government agencies such as the Australian Taxation Office or Centrelink
- Whether or not the couple has maintained or continued intimacy with each other
- Whether or not the couple has publicly mentioned the present relationship status to family and friends
If there are any questions regarding separation and divorce proceedings, it is best to consult a family court order lawyer such as those from BTLawyers. Doing so will bring clarity to almost all matters especially other family law matters such as child custody laws.