Why Is the Date of Separation So Important in Family Law Property Matters?

The date of separation is relevant in family law property matters because the Court takes into account the contributions made by a party during the relationship. As such, the date of separation can have a considerable impact on the division of assets during their property settlement.

The Court will normally view the date of separation as the date one of the parties considers that the relationship is over and communicates or demonstrates such to their partner.

What if the date of separation is disputed by the parties?

Because of its importance, but also that it is not always a clearly defined moment, the date of separation can be a matter of dispute between the parties. 

In Mahon v Mahon (2015), the wife argued the date was in 2012, whereas the husband said it was 2005 even though three of their four children were born after 2005. Nevertheless, the Court decided the date of separation was 2005. The Court noted, for example, that the wife had applied for Single Parent Benefit in 2004 and she had bought a property in her own name in 2008 and the husband had acquired a property in 2005. Although there had clearly been a subsequent though ‘casual’ sexual relationship between them, the birth of the children was not on its own proof of an ongoing marriage.

Contact our Separation and Family Lawyers in Sydney, NSW

Please contact the expert family lawyers at Szabo & Associates Solicitors for expert advice on your separation, divorce or family law matter. Call 02 9281 5088 or complete the online contact form.