The general rule is that you must be separated for 12 months before filing an application for Divorce (Section 48 of the Family Law Act 1975
). This is known as 'separation under the one roof'. In this case, you need to prove to the Court that you were separated during this time.
- Sole application: This can be done by filing an affidavit yourself and an affidavit by an independent person (family member, friend or neighbour etc).
- Joint application: If you are applying together with your spouse, you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should also file an affidavit by an independent person.
In your affidavit, you need to prove that there has been a change in the relationship, gradual or sudden, demonstrating that you and your spouse have separated under one roof.