This is a very common question and a natural thought to have if you are thinking about, or planning to get divorced from your spouse. In some circumstances, where the situation might be particularly volatile, both partners are keen to escape each other anyway, so one moving out isn’t even really an issue as they want time apart as soon as possible.
However, separation is not always that easy or “instant”. The house you both live in might be owned by the pair of you. If there are children involved, neither parent is going to be keen to hurry up and move out and be away from their children and the familiarity of it all.
Ultimately, if you are getting divorced you will eventually be going your separate ways, but in order to file for a divorce in the first place, do you have to be separated literally?
The law states that for a couple to seek a divorce, they must first be separated for a period of 12 months and that the relationship has gone beyond the point of being salvageable.
Although the Family Law Act 1975 makes this statement, that doesn’t mean you and your partner have to physically be separated and live at different addresses for a year before getting divorced.
ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STANDBy consulting one of our accredited family law mackay specialists.
Living separately under one roof is extremely common these days and this is officially recognised. It’s also very understandable as both parties are going through the processes of breaking up, talking to the children, making arrangements for after the divorce, and so on. It’s also not always financially viable to physically separate immediately.
If you are thinking divorce is imminent, or you and your spouse have discussed that divorce is the best course of action to take, then make an appointment with a family law expert to discuss your rights and your options. It’ll put your mind at rest.
In the Brisbane area, call the compassionate and experienced team at Aylward Game Solicitors.
What is the minimum period of separation required for a couple to seek a divorce?
According to the Family Law Act 1975, a couple must be separated for a period of 12 months before seeking a divorce.
Does the separation mean that the couple must physically live at different addresses for a year?
No, living separately under one roof is also recognized by the law as a valid form of separation for divorce purposes.
Is it financially viable to physically separate immediately?
It’s not always financially viable to physically separate immediately, and living separately under one roof is a common practice these days.
What should I do if I am thinking about divorce or have discussed it with my spouse?
If you are thinking about divorce or have discussed it with your spouse, it’s recommended to make an appointment with a family law expert to discuss your options and rights.
Can you recommend a family law firm in the Mackay area?
Yes, the compassionate and experienced team at Family Lawyers Mackay is a great option for those seeking a family law firm in the Mackay area.