Separations under the Same Roof

What must you do if you’ve been separated under the same roof 

If some or all of your 12 month separation period was spent living under the same roof, the court will require further information from you as evidence to prove you were in fact separated before granting your Application for Divorce.

With your Divorce Application, you will usually have to file an Affidavit stating all the facts that prove you were separated despite the fact you were both still living under the same roof.

It will be changes in the way you related to each other during your marriage and after your separation that will be able to prove to the court that your marital relationship was over and you were separated, even though you were living under the same roof.

This might include:

 

 

• living in separate bedrooms;

• the ceasing of intimacy and sexual activity;

• having separate bank accounts and finances;

• not doing household services for each other like washing, preparation of meals etc;

• acting so that it is clear to friends, family members, neighbours, employers etc that you are separated and your marriage has ended;

• not attending social activities together;

• not socialising together inside the home or sharing entertainment activities together in the home (eg watching TV, having friends over for dinner etc).

If you need to file an Affidavit about your separation under the same roof with your Divorce Application, then you can read how to do so in our information sheet How to prepare an Affidavit.

Divorce in Australia: What else you should know

Having a checklist of steps you need to follow so you can do your Divorce yourself without paying a lawyer will save you some divorce costs. Our information sheet A list of steps you need to take to get a Divorce gives you an easy to follow procedure to do your own divorce.

If you are applying for a Divorce you will want to know costs and the length of time it is likely to take. Read more in our information sheet explaining How much will a Divorce cost and how long does a Divorce take.

If you got married overseas you can still apply for a Divorce in Australia. Read our information sheet about Australian Divorce requirements for marriages overseas, to see whether additional requirements will apply to you.

Courts do not consider all issues (such as property settlement, parenting arrangements, child support etc) when granting a divorce. The issues the Court looks at are explained in our information sheet What things will a Court want to know to grant a Divorce.

If you are doing your Divorce yourself then you need to be prepared for what will happen on the day your divorce is heard in Court. We have a information sheet explaining What happens at the Divorce Hearing.

Issues surrounding your children, money, finances and property will usually be dealt with first once you have decided to get a Divorce, but you should also know what is explained in our information sheet How does Divorce affect your Will, Superannuation, Life Insurance and family after death.

 

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