VIC Separation under 1 year

[Dexter07]

I have been married ( overseas ) for under 1 year. we have been together ( partner ) 6 months back before that partner was overseas . In the last six months it only went downhill. Have been separated under same roof. Partner is moving overseas back soon.

What are my next steps
1) If they move out i do not want to be take this relationship further. Can i register for divorce or stop them from moving together back
2) how to confirm separation ( this 1 year ) part of which is already under same roof.

No child, no shared asset or anything.

Please advice

 

[CSFLW]

Hi Dexter

Are you trying to file for divorce?

 

[sammy01]

Then just move on. Easy. No legal requirements here other than filing for divorce.

 

[Dexter07]

Hi Dexter

Are you trying to file for divorce?

Yes i want to separate but i am concerned if my partner shows back after 8-10 months separation and forces into my house how can i stop that

 

[Dexter07]

Then just move on. Easy. No legal requirements here other than filing for divorce.

Do i need to do anything now or just sit and wait for one year to complete separation period and then file for divorce

 

[sammy01]

Is partner on the title of the house you're living in?
If not - sweet. Might be a good idea to change the locks.

 

[Dexter07]

Is partner on the title of the house you're living in?
If not - sweet. Might be a good idea to change the locks.

No we do not have any shared/combined assets , no children. But my partner is not working ( overseas citizen ) then do i have to let them in ?

Can i legally do something to stop partner from coming back in future as i am trying to understand my options and be in separated state until 1 year so i can file for divorce

 

[Atticus]

how to confirm separation ( this 1 year ) part of which is already under same roof.

There are two major elements that have to be satisfied to get a divorce .... That the marriage has irretrievably broken down, AND that you have been separated for a minimum of 12 months .... Ordinarily, the 12 month separation is accepted as proof of irretrievable breakdown, HOWEVER, in your case you want to include a period of 'separation under one roof' to count toward that 12 months... In that case, you will need to file an affidavit with your divorce application that will in part, provide evidence that you were indeed separated ..... It's not good enough for example that in YOUR mind you have been separated, there needs to be a decision on the part of you both that the marriage is over & you are separating......Did that happen? ... If not the other party may successfully dispute it... That 's point one.

Secondly, because you have been married for less than 2 years, there is a requirement that you both either attend mediation in an attempt to save the marriage, or that you seek permission from the court to apply for divorce without counseling... That will require another affidavit (filed with divorce application)

Read through these links for more info
Separated but living under one roof - Federal Circuit Court of Australia

Have you been married less than two years? - Federal Circuit Court of Australia

 

[Dexter07]

There are two major elements that have to be satisfied to get a divorce .... That the marriage has irretrievably broken down, AND that you have been separated for a minimum of 12 months .... Ordinarily, the 12 month separation is accepted as proof of irretrievable breakdown, HOWEVER, in your case you want to include a period of 'separation under one roof' to count toward that 12 months... In that case, you will need to file an affidavit with your divorce application that will in part, provide evidence that you were indeed separated ..... It's not good enough for example that in YOUR mind you have been separated, there needs to be a decision on the part of you both that the marriage is over & you are separating......Did that happen? ... If not the other party may successfully dispute it... That 's point one.

Secondly, because you have been married for less than 2 years, there is a requirement that you both either attend mediation in an attempt to save the marriage, or that you seek permission from the court to apply for divorce without counseling... That will require another affidavit (filed with divorce application)

Read through these links for more info
Separated but living under one roof - Federal Circuit Court of Australia

Have you been married less than two years? - Federal Circuit Court of Australia

Regarding "It's not good enough for example that in YOUR mind you have been separated, there needs to be a decision on the part of you both that the marriage is over & you are separating.." Yes in my mind it is clear as i dont see it working if we can not talk living together under one roof for past two months so distance will only aggregate differences between us ( if partner goes overseas) but for my partner is still confused on this. Can that be used as a base in case they contest.

I am with my family so can they confirm we are living in separate rooms.or in any way i can document this ?

So if we are separate for 1 year and i file divorce with affidavit for
- 2 months separated under same roof and rest in different countries ,
- affidavit for not attending counselling

can that go ahead?
Also if partner comes back in the interim before 1 year can i stop it in any way for us to live under same roof ?

Thanks

 

[Atticus]

So if we are separate for 1 year and i file divorce with affidavit for
- 2 months separated under same roof and rest in different countries

To help ascertain what the situation is exactly & keep this as simple as possible .. Answer these two questions
1) When you separated under one roof, was there a CLEAR understanding by BOTH of you that this was a separation? .... ie, you both decided to separate on that date?
2) What was the purpose of your spouses overseas travel?