Why Separation Date Matters
The separation date determines:
When you can file for divorce (12 months later)Potentially, the property pool (assets acquired after separation may be treated differently)Timing for legal processesWhat Counts as Separation?
Separation occurs when:
At least one party considers the marriage overThey communicate this (directly or by conduct)The parties begin living separately and apart"Separately and apart" can mean different addresses OR separation under one roof.
Evidence of Separation Date
Documentary Evidence
- Lease agreement for a new residence
Change of address notificationsSeparate bank accounts openedText messages or emails announcing separationSocial media postsMoving company receiptsWitness Evidence
- Family members who were told
Friends who witnessed the changeCounsellors or therapistsNeighbours who observed changesOfficial Records
- Centrelink notifications
Medicare updatesATO change of addressSchool records for childrenWhat If You Disagree on the Date?
If you and your spouse disagree:
Joint Application
You must agree on a date. Discuss and compromise.
Sole Application
State your claimed date. Your spouse can dispute it but must provide evidence.
Why It Might Matter
A few weeks' difference rarely matters for divorce. But for property settlement, it could affect:
Whether an asset is "relationship property"The relevant value of assetsTips for Establishing Your Date
- Tell people at the time (creates witnesses)
Send an email or text (creates documentation)Make practical changes (moves to spare room)Update official records promptly
