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Separation Date for De Facto Relationship?

Discussion in 'Family Law Forum' started by FamilyConcerns, 19 November 2014.

  1. FamilyConcerns

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    A de facto partner of 20 years leaves after having an affair for 4 years. In June, claims that they left 12 months ago based on the fact they spent 4 nights away from the family home. If that is the basis for them claiming the date of separation was 12 months ago, can I claim that they were doing that for the last 4 years so the date of separation is 4 years ago?
     
  2. AllForHer

    AllForHer Well-Known Member

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    If you were living together for the past four years in a genuine domestic relationship, the court will not take into account the infidelities of the other party when deciding on the separation date.

    Likewise, if the other party is claiming separation from 12 months ago following a four-day absence, but had not really moved out, they will need to prove that you were separated and living under one roof from that date, which basically requires a show that your domestic relationship had ceased from that date (that you were no longer attending social functions as a couple, no longer engaging in regular intimacy, no longer supporting each other in domestic duties, etc.).
     

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