Once a divorce lawyer has proved that you and your former partner have separated, your divorce lawyer must then prove to the court that there is no likelihood that your cohabitation will resume. Resumption of cohabitation involves the re-establishment of the relationship to the point that it reverses the separation.
What happens to the 12 months separation if you and your ex-partner try to make things work again?
The Family Law Act promotes reconciliation where possible. For this reason, Section 50 of the Family Law Act permit couples to resume cohabitation during their 12 months separation however it must only be for one intervening period of less than 3 months for it not to “re-start” the 12 month separation period.
For example, a couple who have been separated for 2 months, then attempt to reconcile for a period of less than 3 months. After the 2 months of reconciliation, one or both of the spouses decides that the marriage is still not working out. In this case, the original date of separation will stand and the parties will be able to continue the remaining months left to satisfy the required 12 month separation with it only being extended by the attempted reconciliation period of 2 months.
How can a divorce lawyer help?
If during the 12 months separation, you and your ex-partner remain living under the same roof, you may need to provide evidence to the Court that you have in fact been separated under the same roof for the required 12 month period. A divorce lawyer can assist you in preparing the required evidence for the 12 month separation period to be satisfied to the Court.
For more information, visit our page on Separation and Divorce.
For advice in relation to your divorce, contact a divorce lawyer from our team on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
