The Family Law Act 1975 (Cth) (the Act) states that irretrievable breakdown of a marriage will have occurred if:

·         the parties have lived separately and apart for a continuous period of at least 12 months preceding the date of filing an application for a divorce order;

·         there is no reasonable likelihood of cohabitation being resumed.

The 12 month separation period begins from the moment that at least one party to the marriage considers the marriage to be over, and communicates to the other party that they consider the marriage to have come to an end.