If you consider your relationship to be ‘irretrievably broken down’ and you have been separated for a consecutive period of no less than twelve months then you will be eligible to apply for a Divorce.
If during the twelve month period you have been living separately under the same roof you will need to provide two Affidavits to the Court (from you and from a third party) which provide evidence that you were just cohabitating with your spouse and no longer engaged in a relationship. This may include, ceasing all sexual activity, living in separate rooms, having separate bank accounts, doing your own washing, paying for your own personal expenses, re-partnering, cooking your own meals and being open about your separation to friends and family.
If you need advice regarding your divorce, please contact our experienced family lawyers at Nevett Ford Lawyers on (03) 9614 7111.