What is an ss293 form, and when can you use it? This Centrelink form is for couples who want to divorce or separate but live under one roof. Additionally, this online form helps the Australian Government assess your correct entitlement to payment at either the single or partnered rate. This may be for:
- Future entitlements
- Payments received in the past
- Assessing entitlements for past periods, such as family assistance.
In Australia, this is a legal option that has become increasingly common for couples. Sure, any couple can separate even if they are living together. However, not everyone has the financial means to move out of their current family home or apartment. On a lighter note, the ss293 form can also help couples who want to separate but want to cohabitate together for the sake of their children or for other personal reasons.
Is This Form of Separation Legal?
Under Australian law, separation under the same roof is recognised as a legitimate form of separation. However, certain requirements must be met for the court to consider it a valid separation.
The main requirement is that the couple must be living independently and not as a couple. Couples who want to establish their separation under one roof must provide as much detail such as:
- Have separate bedrooms and not engage in sexual activity with each other;
- Not share meals or household expenses;
- Have separate finances;
- Not present themselves as a couple to friends, family, or to government agencies;
- Have a clear and agreed-upon plan for separating their assets and responsibilities.
Courts might presume that there is a chance of reconciliation, hence it may be difficult for them to approve separation matters. Usually, they would assume this since it is also in the best interests of the child if there are children in thee relationship. However, this is not always the case and this Centrelink form can help couples separate and divorce amicably under one roof. Let’s find out more below.
How Does the Family Law Act Define Separation and Divorce?
Divorce
Before we tackle using the form ss293, let’s define separation and divorce first to see if you are legally eligible for either one. Section 48 of the Family Law Act 1975, defines divorce if:
- The marriage irretrievably broke down; and
- The court is satisfied that the couple has separated and lived apart for not less than 12 months. The date starts after the filing of an application for a divorce order.
Read: What If My Spouse Cheated? | Understanding No Fault Divorce In Australia | JB Solicitors
Separation
Separationn is a more common legal term for unmarried couples who want to break up. According to Section 49 of the Family Law Act, partners can only separated if:
- The relationship was brought to an end due to an action or conduct of a partner;
- Both couples have lived separately and lived apart even if they are in the same house; and
- Neither party provides household services to the other
What’s in the Form?
The separated under one roof form is available for download at Services Australia’s site. Both partners must fill out this form either digitally or in writing. This form also helps assess whether the concerned party will pay the applicant as a single person or as a member of a couple. Here are the basic contents of the form:
1. Relationship Details in the SS293 Form
This usually includes both the party’s basic information, such as:
- Legal name
- Date of birth
- Permanent address
- Contact details
- Details on domestic violence. Victims of domestic violence can lodge an apprehended domestic violence order(ADVO) against the apprehender.
- Details on the relationship’s current status
Note: Applicants may use their Centrelink online account if they want to make changes to any of their basic details.
2. Financial Arrangements in the SS293 Form
Financial arrangements are an important factor in the ss293 form when assessing separation under one roof in Australia. When couples separate under one roof, they are still living in the same household and sharing some expenses. This may include mortgage or rent, utilities, groceries, and even child support.
How much one parent is paying for child support will depend on the division of labour within the household. Regardless, separated couples need to separate their finances responsibly and not share entertainment or personal expenses. You should have a clear and agreed-upon financial arrangement with your ex-partner whether you are separating or not.
Why? This ensures that both parties involved are contributing fairly to household expenses and that neither party feels financially disadvantaged. Couples may need to consider issues such as how to manage or divide their:
- Household expenses
- Debts or ongoing financial obligations
- Joint bank accounts or credit cards
- Joint investments or assets
In the event that one partner is disadvantaged financially, what can they do? A partner who is not capable of supporting themselves financially may be eligible to receive spousal maintenance. Click here to read our article that featured a case related to spousal maintenance.
3. Nature of the Household in the SS293 Form
The nature of the household is a relevant factor in the ss293 form. When a couple is separated in the same home, it is important to consider the living arrangements and the dynamics of the household. Factors that may be relevant in assessing separation under one roof include the:
- Size of the residence and if it is large enough for each party to have their own private space
- Number of children in the household
- Custody arrangements and their impact on the children
- Household arrangements
4. Social Aspects of the Relationship in the SS293 Form
Social aspects of the relationship are also listed in the ss293 form. This may include:
- Whether family, friends, banks, and businesses are aware of the separation
- How the couple presents themselves in public (Are they acting like a couple or not?)
- Whether the couple has plans to spend certain holidays together as a couple/family. On parenting arrangement matters, couples should spend together as a family if it is in the child’s best interests.
5. Sexual Relationship in the SS293 Form
The absence of sexual relations is a relevant factor for couples who want to complete an ss293 form. This is a very intimate form of love that couples perform. However, the absence of a sexual relationship does not mean a relationship has broken down. Regardless, couples can prove the absence of sexual relations by:
- Getting separate rooms
- Verbally communicating about ceasing sexual relations
- Presenting affidavits and objective evidence that can support the absence of sexual relations
6. Nature of Commitment in the SS293 Form
Each couple’s nature of commitment is assessed to see their efforts in distancing themselves from each other. Here are some examples where a couple can establish this:
- The length of time the parties intend to live together and why
- Whether a partner is listed as an emergency contact on their mobile phones.
- Whether a partner is willing to provide support if their partner contracts an illness or faces a personal crisis or family-related disputes
- The likelihood of reconciliation
- Any steps taken to legally end the relationship.
Note: The couples may also provide anything that may be relevant that they want to talk about in a phone interview. They must also list down any people who are aware of their current relationship status.
How Does Services Australia Assess Your Relationship?
Services Australia will assess your relationship and situation based on four factors:
- Financial arrangements – This is whether you share bank accounts or pay bills together.
- Household arrangements – This factor constitutes whether you live together and share household expenses.
- Social aspects of the relationship – This includes whether you attend social events together or spend time with each other’s friends and family.
- Nature of commitment – This applies whether you see your relationship as long-term and have plans for the future together.
Services Australia will assess all of these factors to determine if you are in a de facto relationship with your partner. If you are found to be in a de facto relationship, your partner’s income and assets may also be taken into account when determining your eligibility for certain payments.
Like in all legal documents, it’s important to stay honest and accurate when filling up the SS293 form, as doing the opposite could result in penalties. If you’re unsure about how to answer any of the questions on the form, you can seek advice from Services Australia or a legal professional like JB Solicitors.
Seek Legal Advice From JB Solicitors Today
It’s always important to seek legal advice when filling out the separation details form ss293 or any other legal document. Divorce and separation are never easy and there are several legal matters that may arise during the procedures. Hence, it is better if you are well-equipped with a family lawyer from our firm.
JB Solicitors can help disputed couples decide on the best arrangements they can make for themselves and their children. We have experience and knowledge on family law and what you should or should not do during divorce and separation. Luckily, our lawyers can also provide mediation and arbitration services if they do not want court proceedings which can be a money and time saver.
Contact us today if you need help with filling out an ss293 form and with Centrelink payments.
