Are you in a troubled marriage? Know the basic separation laws

Sometimes, situations become so dire that you have to take extreme steps to restore your self-esteem, mental balance, and happiness in marriage. You may decide to call it quits forever because staying in the marriage may no longer be an option for you. Breakups and parting ways are never easy. They tend to leave a permanent scar.

Troubled marriage

However, moving on is still the best so that you can hope to live a peaceful future. In Queensland, there are some rules that married couples need to follow to end the wedlock legally.

Whether you are a resident of Townsville or some other region, you have to stop living with your partner if you desire separation from him or her. However, if you cannot move out of the house, you can still execute this process by leading your own life separately. In the eyes of the law, it is ‘separation under the one roof.’ You need to inform the human services department about how you are living separately as evidence. One of such agencies is Centrelink. The authorities assess several conditions before acknowledging the status of ‘separation under one roof.’ These include:

  • Do couples sleep together or in different rooms?
  • Do they indulge in sex or any sexual activity?
  • Do they use the same bank accounts and share money also?
  • Do they eat together and carry out household duties? (Not the way you did all this when you were in marriage)
  • What do their family and friends think of their marital status?

A combination of all these factors helps the agencies to take their call.

The process of separation

You can separate without needing to apply to a court or government body. You don’t even need to fill up any forms. Also, there is no separation certificate that you may require. However, you have to do a few of the things without any slipup. For example, informing the department of human services, Medicare, superannuation and insurance companies, banks, and the childcare agency about your current status is crucial. If you have kids, you need to make adequate arrangements for them. Your family and friends should be aware of your decision.

Additionally, you have to handle your financial matters. If you have any debts or loans, then you will need to decide various things:

  • How to pay the borrowed amount?
  • Whether or not you should have joint accounts in the bank?
  • What is the status of your insurance and superannuation?
  • How should you change the will?

Once you ensure all these, you can prove your separation. These things are not as easy as you may feel. With the help of expert legal advice, you can, however, complete this process without much hassle. In Townsville, you can get many experienced family lawyers who are willing to guide their clients through and through. They can make sure the most painful experience of your life doesn’t make it more difficult. For guidance, you can connect with Strategic Family Law.

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Lucy Jones is a freelance content writer and blogger, She loves to spend our free time with family.