For divorce in Australia, couples need to be separated for at least 12 months. It is now more and more common to live apart under the same roof. How do you prove that although you live together, you are no longer in a partnership? Sydney Family Law firm Justice Family Lawyers for you to analyze one by one.
1. Financial situation between husband and wife
Financial separation is an important basis for the separation of husband and wife, that is, the lack of financial interdependence.
This usually involves closing joint bank accounts, deciding how to pay bills, whether ex-partners list each other's names on the tax refund application form, and whether they are beneficiaries of their will, pension or life insurance. Finally, this can be operationally difficult or time-consuming, so if separation takes place in the near future, the court will consider the actual situation.
2. Nature of separated families
When a couple is separated but still living together, the nature of the family may become similar to that of multiple families living together (share household). The court will consider how bedrooms, bathrooms and other living spaces are shared, and how housework is arranged. This could mean that everyone buys, cooks, cleans, or they have a shift in housework.
3. Social interaction during separation
There are many other social factors involved, including whether they go out with their friends, whether they go on vacation together, whether relatives and friends know that the relationship has broken up, and whether they continue to communicate externally as husband and wife: for example, to the bank. Real estate agents, government agencies and other agencies, including their children's schools.
It is possible for a couple to be legally separated by family, friends, and acquaintances who believe that the relationship still exists.
4. Whether to have sex or not
Sexual relations between two parties are usually an indicator of a marital relationship. However, the absence of sexual relations does not necessarily mean that the relationship is over.
5. Obligations in a relationship
After separation (including separation under the same roof), the obligations of each side to assume the (commitment) will change, as separation can lead to physical and emotional alienation between the two sides.
Companionship, intimacy, emotional support, future joint plans, and assistance in the event of a personal or family crisis, illness or hospitalization are indicators of commitment. To show that a couple live together but are separated, it is necessary to prove that they are no longer obligated in these areas.
6. How to prove it to the court?
If two former spouses live in the same house for all or part of the 12-month separation period, they must file an affidavit (affidavit) in support of their divorce application.
An affidavit is made by either party in writing or by an independent person who can give evidence of the breakdown of the relationship. An independent person may be a friend, family or neighbor. For the affidavit to be valid, it must be approved by a solicitor or Justices of the Peace (JP).
If one party applies for divorce on its own, the independent is required to submit only one affidavit; if the two parties apply for divorce jointly, each party submits its own affidavit.
In the case of separation under the same roof, the affidavit shall provide evidence and facts certifying that the marriage or de facto marriage is over and the spouse is separated. For example, elaborate on new bedtime arrangements, separate bank accounts and reductions in joint activities. In addition, it is necessary to provide reasons for living in the same house after separation.
Justice Family Lawyers specializes in family law and is proficient in legal issues such as divorce, separation, division of property, custody / custody, out-of-court mediation, domestic violence, and prenuptial agreements. The office is located in downtown Sydney, adjacent to the Town Hall railway station, with Chinese paralegals providing close service to Chinese clients.
Hotline: (02) 8089 3148
Address: Level 2,255 Castlereagh Street Sydney, 2000
