The required period of separation begins the day at least one of the parties considers the marriage to be over and communicates this to the other party. It is usually sufficient if it is stated in the Application for Divorce that a party started living with someone else, has been in receipt of the Parenting Payment, or where contact was not maintained by regular correspondence or visits.
It is possible to live separately but under the one roof. To show that you lived separately but under the one roof, you will need evidence of the separation from friends, neighbours or relatives (including adult children) that you do not share any of the usual activities of marriage, such as sleeping together, eating together, shopping, cooking, cleaning for each other or going out together. You should state reasons for remaining in the same house, such as:
- Lack of finances to obtain separate accommodation;
- The interests of the children; or
- An intention to live apart in the near future.
