The 3-Month Rule
Australian law encourages reconciliation. If you get back together for less than 3 months, you don't restart the 12-month separation clock.
How It Works
Scenario 1: Short Reconciliation
- Separated: January 1
Reconciled: April 1Separated again: May 1 (2 months reconciliation)Result: Original separation date still counts (January 1)Scenario 2: Long Reconciliation
- Separated: January 1
Reconciled: April 1Separated again: August 1 (4 months reconciliation)Result: Clock restarts (new separation date: August 1)What Counts as Reconciliation?
Reconciliation means resuming the marital relationship:
Living together as a coupleResuming intimacyPresenting as married to othersFinancial interminglingWhat Doesn't Count
- Living in same house for convenience
Occasional dinners for children's sakeAttending events together as co-parentsMultiple Reconciliation Attempts
You can have multiple reconciliation periods, but:
Each must be under 3 monthsTotal doesn't matter (you can have two 2-month reconciliations)If any single period exceeds 3 months, clock restartsWhy This Exists
The law wants to:
Encourage couples to try againNot penalise people for attempting to save their marriageProvide certainty about when divorce can be filedProving Reconciliation (or Not)
If there's a dispute about whether you reconciled:
Document your situation at the timeKeep evidence of separate lives continuingWitnesses can help clarify
