Proving you’re separated while living under one roof.

When you and your partner are considering divorce, it’s generally a common assumption that with marriage dissolution, comes physical separation.  However, it is quite common for couples who are separated to still reside under the same roof, known as being “separated under one roof.” 

While it is a requirement for you to be separated for 12 months before your divorce, it is not a requirement that you live apart through this time.

There are many reasons couples choose to continue to live under the same roof.  Divorce is a stressful and draining time for a family and sometimes supporting each other through the journey can lift some of the burdens.

Two of the biggest reasons couples may choose to stay under the same roof include:

• Stability for children – Having a parent leave can be quite traumatic for both the children and the parent.  Continuing the feeling of security for your child can help both of you make decisions regarding your custody and parenting responsibilities in the longer term.
• Financial reasons – Living under the same roof saves the hassle of adding another rental or mortgage expense to the current budget while you work out your household budgets, personal income and needs moving forward.

Deciding to continue living under the same roof for all or even part of your separation means you will need to provide the court with an affidavit together with your application for divorce.  

The affidavit will speak to your marriage breakdown and whether it was sudden or something that happened over time, as well as provide evidence that shows that while you are both still living under the same roof, you have officially separated.

It is important to note that you may also require a 3rd party affidavit to support your claims.

In your affidavit, it is important to explain why you chose to continue to live together despite there being no chance of reconciliation.

Some of the factors in which you can point out within your affidavit to prove your marriage separation include;

• Changes within your household.  This might include no longer sharing the same bedroom or perhaps you have ceased completing household chores for each other like grocery shopping or laundry etc.
• The absence of a physical relationship
• Changes made to financial aspects of your relationship such as bank accounts or whether you have advised government departments such as the ATO or Centrelink.

If you need help with your separation or divorce and would like more advise in regards to being “separated under one roof” call our expert team today.  We are ready to help!