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Featured Rentals. Related Articles. CBR Tweets. If you and your spouse resumed cohabitation for a period of up to 3 months following your initial separation, you are not required to re-set the continuous 12 months separation period. However, you must have lived separately for a period of at least 12 months in total. To prove the marriage a copy of the marriage certificate must be filed with the application for divorce.
If the marriage certificate is not available, an affidavit will need to be filed explaining why it cannot be found.
You do not need to physically live apart to prove that you consider your marriage to be at an end. However, the Court must be satisfied that you have separated. If you are separated but are living under the same roof, you will be required to provide additional information to the Court.
Separation under one roof is not necessarily easy to prove and may require evidence from at least one corroborating witness contained in a sworn affidavit. The application can be made jointly or solely and a filing fee must be paid to the Court at the time of the filing of the documents. Your lawyer can prepare the application on your behalf, or you can lodge the application online. Upon filing of the application a hearing date will be set. If the application is made by one spouse only, it must then be served on the other spouse. You will need to prove that you have served your former spouse and file an affidavit to prove this to the Court.
On the hearing date your application will be considered, and if successful, a divorce order will be granted. If you have not filed a joint application, you will need to serve the following documents on the other party:. No more than two people can meet outside. In a press conference, ACT Chief Police Officer Ray Johnson said that police officers will focus on educating the public on new measures, rather than penalising individuals for minor issues.
The vast majority of people in the community are doing the right thing, and are trying to do the right thing all the time. This is for the equivalent for 50 penalty units. Similarly in NSW you cannot meet with more than one other person in public, outside some exceptions including weddings and funerals. In NSW, the measures state that "a person must not, without reasonable excuse, leave the person's place of residence".
Reasonable excuses include medical care, buying food and necessary supplies, travelling to work or education if you are unable to work or study at home, and exercise.
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It also states "taking a holiday in a regional area is not a reasonable excuse". This may be to curb people from travelling to holiday houses to self isolate. This includes leaving the house without a reasonable excuse. According to this new direction "an occupier of residential premises must not permit more than 2 persons, other than persons ordinarily resident at the premises, to enter and remain in the premises".
However, this can only happen if social distancing restrictions of one person per four square meters are adhered to inside the house. That means no high-fives, no handshakes and no hugs. Additionally, your can't enter your boyfriend or girlfriend's house if there isn't enough space in the property to adhere to one person per four-square metre rule. Finally, your significant other cannot come over if there is already two other people who do not live in your residence already there.
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