VIC Does Not Being Sexually Active for Years Qualify as Separation?

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24 November 2015
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My husband has not been initiating sex for years. His whole world lies in our only child and I have been neglected sexually and have been depressed for 9 years. I filed for divorce online today. I read that you have to be separated for 12 months before filing for a divorce. Does not being sexually active in a marriage qualify as separation?

Thanks in advance.
 
S

Sophea

Guest
Hi Danielle,

There are a number of factors that would tend to prove that you are legally separated in the court's eyes such as:
  • change in sleeping arrangements i.e. different rooms
  • whether you have informed government agencies such as Centrelink and other institutions of your separation
  • reduction in shared activities or family outings
  • decline in performing household duties for each other
  • division of finances; for example, separate bank accounts, and
  • any other matters that show the marriage has broken down; for example, if you have notified family and friends of your separation.
If you were seeking to establish legal separation for the purposes of getting a divorce you may also need to explain why you continued living under the same roof following separation and your intentions to change that situation.
 

AllForHer

Well-Known Member
23 July 2014
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Agree with the above. Unfortunately, a lack of sexual relationship alone will not qualify as determinative of separation.
 

sammy01

Well-Known Member
27 September 2015
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Instead of initiating a divorce application - why not initiate sex with him?

Seriously - working on saving the marriage is worth considering because divorce is not fun.... Tell him how you feel...

Not legal advice but worth thinking about
 

N Knight

Well-Known Member
27 December 2015
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The question you have to ask yourself is this.

  1. Do you consider him to be your Husband or your Ex-Husband?
  2. Do you have joint bank accounts?
  3. Do you sleep in the same bed?
  4. Do you cook, clean or do stuff that a Husband and Wife would do?
  5. Do you go out as a couple?
  6. What do people pursue your relationship as.