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Do I need to formally register my marriage separation with a "separation certificate" or something similar?

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 them.

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 separation.

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 Law page.


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March 20, 2012 08:53
steven mcleod said...
I have seperated from my wife an intially we agreed that the property (family home) would be sold and after paying back the bank the remaining money would be divided 50/50, as well as that she said she wasn't going to touch my Super, nor I touch hers. However she has told my children (all now over 18) that she has been told that she has to take my Super and wants to keep the house and pay me a Sum, so its gone from her idea to split and both parties agreeing on dividing up the property and fianances to this (The children were all aware of this agreement, only one child lives there on some w/ends as goe's to UNI and lives in Campus accomadaion. the youngest child (just turned 18) lives with me in Townsville. What action do I need to take
May 16, 2013 12:40
Hi Steven, your query raises some issues that really require specific legal advice and possibly assistance. We recommend you contact us regarding your options. Regards, Ryan
May 16, 2013 03:29
Sandra Howard said...
I have seperated from my husband and living in the family home with no dependants.My ex husband is in a de facto relationship.Is his partner entitled to any of the proportion of his part of the house if they seperated.They have been together for over 12 months.Looking forward to hearing from you.Regards Sandra
September 29, 2013 11:10
Andersons Solicitors (author) said...
Hi Sandra, it is important that you formalise your property settlement with your husband as soon as possible. Once your husband’s new partner satisfies certain criteria, if they separate, she will be entitled to make a claim for a property settlement. We recommend you contact us to obtain formal legal advice in respect of this matter as soon as possible. Our head office number is 8238 6666. Regards Ryan
October 1, 2013 09:35


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