The importance of being able to prove the date of separation cannot be underestimated. In some cases, great difficulty has been caused by the separation date not being clearly identifiable.
It is therefore essential that you note the date with clarity, and preferably be able to prove it by e.g. correspondence between the parties such as SMS text messages or emails.
Child support or Centrelink Applications can also assist in clarifying any ambiguities, but something in writing from the other party is the best and most obvious means of proving your position regarding the separation date.
The date of separation is vital because the Court cannot grant a divorce unless the parties have been living separately and apart for 12 months or more. The process may be delayed until the date of separation can be proved, if it is disputed and one party alleges there has not been a full 12 months’ separation.
Although these FAQs deal predominately with marriage and divorce, it is also essential to note the impact that inconsistent separation dates can have on de facto relationships.
In de facto property disputes the parties not only have to prove they were living together on a genuine domestic basis (i.e. as if married) but there is a strict, two year post separation timeframe within which an Application for Property Settlement can be made.
If the separation date is disputed, this could inadvertently cause you to fall outside that two year filing window – and your claim could potentially be lost.
Note that in Western Australia, de facto relationships are governed by the Family Court Act 1997 (WA) and not the Family Law Act as in all other States and Territories, although the two year filing limit for property settlement is universal.