How Long Do You Need to Be Separated Before Divorce in NSW?

To apply for a divorce in New South Wales (NSW), you and your spouse must be separated for at least 12 months. This separation period for divorce NSW is required by Australian family law.

The court needs to see that the relationship has ended and is not likely to continue. Even if you both agree to divorce, this separation period must still be completed before filing.

If you try to apply too early, the court may reject your application. So, understanding the separation period for divorce NSW is one of the first and most important steps in the divorce process.

How Long Do You Need To Be Separated Before Filing for Divorce in NSW?

You must be separated for 12 continuous months before you can apply for a divorce. The law does not allow you to shorten this time. Even if both of you agree that the marriage is over, you must wait the full period.

For example, if you separated on 1 January, you cannot apply for divorce until after 1 January the following year. The separation period for divorce NSW starts from the date you stop living as a married couple. This may involve moving out or making clear changes to how you live together if you stay living in the same home.

This rule applies to all married couples in Australia, including those who married overseas.

Read Also: What to Expect When Working with Family Lawyers Sydney in Divorce Cases

Can We Live Under the Same Roof During the Separation Period?

Yes, you can still be separated while living in the same house. This is called being “separated under one roof.” Many couples do this for financial or parenting reasons.

However, to meet the separation period for divorce NSW, you need to show that you were no longer a couple during this time. This means:

• Sleeping in separate rooms
  
• No longer doing joint activities like meals or social events
  
• Living more like flatmates than partners
  
• Telling family or friends that you have separated
  

Living under the same roof can make proof of separation more complicated. The court will need more information to prove the separation was real.

What Evidence Is Required To Prove the Separation Period in NSW?

When applying for divorce, the court must be satisfied that you have truly been separated for 12 months. If you were living apart during this time, it is usually straightforward. But if you were separated under one roof, you must provide extra evidence.

This may include:

• A written statement (affidavit) from you and your former partner
  
• A statement from someone who knows your situation, like a friend or family member
  
• Details about when and how the separation happened
  
• Proof that you were no longer sharing finances, activities, or a bedroom
  

These documents help show that you met the separation period for divorce in NSW and were not acting as a married couple during that time.

Does Reconciliation Affect the 12-Month Separation Requirement?

If you and your partner try to get back together during the 12-month separation period, this is called reconciliation. A short attempt to fix the relationship will not always reset the clock.

The law allows one reconciliation period of up to three months. If you reunite for less than three months and then separate again, you can count the time before and after the break as one continuous separation.

For example:

• Separated: 1 January
  
• Reconciled: 1 June to 1 August
  
• Separated again: 2 August
  

You can still apply for divorce from 1 January of the next year, because the short break doesn’t interrupt the separation period for divorce in NSW.

However, if the reconciliation lasts more than three months, the 12-month period starts over from the second separation date.

Read Also: How to Get a Divorce in Australia: A Simple Step-by-Step Guide

When Does the Separation Period Officially Start in NSW Divorce Cases?

The separation period starts from the day one or both partners decide that the marriage is over and communicate this clearly. It does not matter if one person disagrees with the separation. If one person has made the decision and has told the other, the separation is valid.

You should keep a record of the date you separated. You can write it down, tell friends or family, or send an email or message. This date will be important when applying for divorce.

If you lived together for part or all of the separation period, you will need to provide additional evidence, as discussed earlier.

Understanding when the clock starts on the separation period for divorce NSW helps ensure that your divorce application will not be delayed or dismissed.

Moving Forward With Confidence

The separation period for divorce in NSW is a required step that shows the court your relationship has ended. Whether you are living apart or under the same roof, what matters is how you live, not just where you live.

Keeping track of your separation date, staying clear about your intentions, and preparing the right evidence can make the process smoother. If you have already completed your 12-month separation, you may be ready to take the next legal step.

Ready To Take the Next Step?

Have questions about how your separation affects your divorce timeline? The team at Justice Family Lawyers is ready to help. Our family law professionals provide support that is both practical and respectful of your situation.

Whether you’re preparing documents or need help proving separation under one roof, we offer clear guidance tailored to your needs. Speak with us today to find out how we can assist you in moving forward.