Pursuant to Section 49(1) of the Family Law Act 1975 (Cth) separation can occur or be shown to occur from the actions or conduct of one of the parties. The most obvious is the parties’ cessation of living together.
In the matter of Pavey (1976) FLC 90-051 the Court held that the parties needed to explain why they continued to live under the one roof and at the same time show there was a change in their relationship, gradual or sudden, that showed a separation.
The date of separation is important particularly in de facto matters where an Application for a Property Settlement is being considered. In de facto matters parties have two years from the date of separation to bring an application for property settlement.