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.
Navigating the 12-month separation rule, especially when living under the same roof, requires expert advice. Contact our experienced divorce lawyers in Melbourne to discuss your situation: 03 9614 7111 or email melbourne@nevettford.com.au.