What "separated" means
Separation is when at least one of you regards the marriage as over, communicates that (in words or by conduct), and acts on it — living separate lives even if not in separate homes. It doesn't need to be mutual, in writing, or registered anywhere.
When the clock starts
On the date of separation as you'll state it in the application. If your ex disputes the date, the Court may want evidence. Because it matters, note it somewhere now — a message, a diary entry, a change in living arrangements — and be consistent.
Living in the same house
You can be separated under one roof. The Court will want a short affidavit from you and from a witness explaining how life changed (sleeping arrangements, finances, household tasks, social life, telling family). We prepare these; the work is quoted in writing and agreed before any work starts. Separated under one roof
If you got back together
A reconciliation of less than three months in total doesn't restart the clock — the two periods of separation are added together. A reconciliation of three months or more does restart it.
Filing too early
If you file before the 12 months have passed, the application will be refused and the court fee isn't refunded. This is one of the most common DIY mistakes; we check the date against your filing date, not your intake date.
Start now, file on the day
You can complete our questions any time. We prepare the application and file it on your earliest filing date, and remind you a week before.
or call 1800 976 214
Two minutes · no obligation · a lawyer confirms everything before anything is filed