Separation occurs when one or both parties decide to end the relationship, and this decision is clearly communicated and acted upon. You don’t need to physically move out for separation to occur, many couples separate under one roof due to financial or parenting arrangements. However, proving the separation date becomes more complex in those situations.

When both parties agree on the date, the court typically accepts it without issue. But when it’s disputed, especially in divorce applications or property claims after time limits, some evidence may be required.

Common types of evidence include:

1. Text messages, emails, or letters
Written communications that clearly show when the relationship ended

2. Formal documents
Centrelink or government forms that list the separation date
Change of address notices or applications for single parenting payments

3. Statements from friends or family
Statutory declarations from people aware of the separation

4. Changes to living arrangements
Lease terminations, utility account changes, or bank account separations

5. Diaries or calendars
Personal records that indicate the date of separation

6. Court documents
If there have been previous legal proceedings referencing the separation date

If you continued living together after separation, you’ll need to provide additional evidence in a divorce application, including an affidavit from yourself and a third-party affidavit (e.g. a friend, relative, or professional) that confirms:

• You were no longer in a relationship
• You stopped sleeping in the same room
• There was a change in domestic arrangements (e.g. cooking, laundry)
• You informed others about the separation

The court needs to be satisfied that the separation was genuine and complete, even if you lived at the same address.

Knowing and being able to prove your date of separation is essential in family law. Whether you're preparing for divorce, property division, or maintenance issues, it helps to keep a record and gather supporting evidence early on, especially if your ex may dispute the timeline. If you're unsure how to document your separation or need help navigating the legal process, it's always best to seek advice from a family lawyer.