Family Law FAQs

How do parties to a divorce demonstrate that they have separated?

In demonstrating that a period of separation has begun, there are a couple of general actions that may be used as evidence, and can include:

one party to the marriage informing the other that the marriage is over, and which, separation will be considered to have begun from that point onwards; or
one party to the marriage may have begun living with a new partner or has taken steps to sever financial ties which may be actions considered as evidence that separation has commenced.

Separation can also occur when the parties may have separated, yet still reside in the same property. When demonstrating separation under one roof, it must be shown that at least one party to the marriage has considered the marriage has come to an end, and that the parties are residing independently of one another. Evidence of separation under one roof can include informing outside parties such as friends, relatives, or neighbours that the marriage has come to an end. Additionally, the parties also no longer engage in the usual activities that signify a marriage, such as sleeping in the same bed, cooking or cleaning for one another, or engaging in social events as a couple are just some examples.

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