Section 49 — Family Law Act 1975 (Cth)

(1) The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties.

(2) The parties to a marriage may be held to have separated and to have lived separately and apart notwithstanding that they have continued to reside in the same residence or that either party has rendered some household services to the other.

Related sections

• s 47D — Appeals to High Court may not be brought
• s 47E — Regulations to be sole source of certain appellate jurisdiction
• s 48 — Divorce
• s 50 — Effect of resumption of cohabitation
• s 51 — Nullity of marriage
• s 52 — Court not to make divorce order where application for decree of nullity before it

Research how courts apply s 49

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