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It is not always easy to pinpoint an exact date of “separation”. In fact, the meaning of the word “separation” can be different for different kinds of relationships and individuals.

Being able to make a decision about when separation actually happened is central to determining legal issues such as eligibility for divorce, or a property settlement if you were in a defacto relationship. For couples who have separated and continued to live in the same house, proving separation is particularly important and will require consideration of the following factors:

  1. changes in sleeping arrangements
  2. whether you are still attending family outings together
  3. whether you still perform household duties for each other (for example cleaning, cooking, ironing)
  4. whether there has been a division of finances; for example, separate bank accounts, and
  5. any other matters that show that the relationship has ended (for example, whether you have notified family and friends of your separation).

If you are unsure as to whether you have separated, simply get in touch online or call us.

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