Ever since my partner and I separated we both have been living in the same house. Due to our work commitments we decided that one of us will move out after our divorce is finalised. How can I prove our separation to the court?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Bronte 2024 NSW
- The law understands that this situation often occurs. However you will still need to provide evidence of the date that you separated.
- If the date of separation is in dispute you may need to provide additional evidence about your circumstances.
- If the court needs to assess when you separated it will consider evidence about some of the following things:
- whether sleeping arrangements have changed such as sleeping in separate rooms;
- whether intimacy ended from the date of separation;
- whether socialising as a couple ended;
- whether finances and bank accounts separated; and
- whether responsibility for domestic duties are taken on separately by each individual in the household.