NSW Separation Period for Divorce - What's Sufficient Evidence of Intention?

[Aiko]

Hello.
Regarding divorce in Australia, the couple must be separated for 12 months.

Upon a recent visit to the lawyer, I found out that only verbal intention needs to be shown for the time to start for the 12 months period. In my case, verbal intention was shown but there was no written documentation at that period (on the date the verbal intention was shown) so when would the time start? When written documentation is provided or just when verbal intention is shown? If separation period starts when verbal intention is shown, how will it be proved that the couple was separated for 12 months before going for divorce?

 

[Sophea]

Hi Aiko,

As your lawyer has said, you don't need paperwork or documents to show that you are separated. It is the date from when either you or your ex or both of your make a decision to separate and tell that to the other person.

One of you might decide to leave your mutual home, however it is also possible to be separated while still living in the same house. However being separated will require that you no longer sleep in the same bed or share intimacy and that other parts of your life also evidence your separation such as cooking, eating and doing one's own household separately. You may also need to tell agencies such as centrelink or your bank that you are now separated.

When you apply for divorce and must prove this 12 month period, you will likely submit an affidavit or similar document in which you will tell the court the evidence of your 12 month separation including when it occurred, what happened after it occurred etc. The court won't have reason not to believe your evidence unless your ex contests it or provides conflicting evidence. You may also be able to provide evidence from friends or family members showing that you had not been attending weddings, funerals and other social occasions together as a couple.