There is no requirement to
register your marriage separation, although you should make sure
that you make a note of the date as this will be significant
if/when you decide to apply for a divorce.
Separation occurs when one or both parties to a marriage clearly
communicate to the other party that the relationship is over.
To be eligible to apply for a divorce, you must be separated from
your spouse for 12 months.
When completing your divorce application you will be required to
record the date of your separation along with other relevant
details pertaining to your marriage and then formally swear that
that information is correct before an appropriate witness such as a
JP or a solicitor.
Unless your spouse contests the application and can supply
evidence to show that the information you have provided is not
true, the Court should accept the separation date that you give
So, there is no need for a "separation certificate" as such,
although some Government agencies such as Centrelink may have their
own requirements in relation to formally "registering" a
When you're considering separation, there are also many other
things to think about. For example, are there children
involved? Do you need to sort out your property
settlement? At Andersons, we have a team of solicitors and
support staff across our network of South Australian offices who
can help you with any aspect of your Family Law issues. Call
us freecall on 1800 653 655 or visit us at our Family