Family Law

Does separation also mean living apart for other reasons?

Published in: July 2017

Separation in the sense used within the Family Law Act 1975 (CTH) (the Act) does not encompass periods where the parties are living apart for other reasons, such as one person has been transferred overseas for work for example. In order for the court to construe that a period of separation has begun, some of the considerations can include:

·         one party informing the other that they consider that the marriage has come to an end;

·         evidence that demonstrates separation, such as one party taking steps to end financial arrangements or one party has cohabitated with another person for example.

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