A Relationship Separation – What Does That Involve?

There are 3 elements of a separation.  These are:

·  An intention by one party to end the marriage

·  The communication of that intention to the other party

·  Acting upon that intention by separating from a partner and leading a separate life

A marriage certificate defines a marriage.

There are a number of criteria the Court would look at to determine a de facto relationship or a same sex relationship.  The circumstances will be different in each case and may involve other criteria.  The Court, after viewing the circumstances in each case, would then determine if a relationship existed.

If a separation has occurred in a marriage either party may apply for a divorce after a period of 12 months from the date of separation.  If a divorce in granted in a marriage the parties have 12 months after the divorce order to resolve all financial issues arising from the breakdown in the marriage.  The parties can apply to the Court to resolve all financial issues immediately after the date of separation.  However they must make such application within 12 months after the divorce order has issued by the Court otherwise the parties are required to seek leave of the Court to bring any application in regard to financial matters.

In regard to de facto and same sex relationships the parties can apply to the Court for a resolution of all financial issues arising from the breakdown of the relationship.  The parties must do so within a period of 2 years after their separation.  There is no provision for leave to proceed after that period of time.

If you wish to obtain further information use our freecall number 1800 217 217.