Being separated while still living in the same home is not uncommon and can occur for various reasons, including financial constraints or to provide stability for children.
What is Separation Under One Roof?
Separation under one roof occurs when a couple decides to end their marital relationship but continue to live in the same residence. The legal recognition of this separation is crucial as it affects the required twelve-month separation period before filing for divorce.
Establishing Separation
To apply for a divorce under these circumstances, you must prove to the court that you were indeed separated for at least 12 months. This involves demonstrating that the marital relationship was effectively ended. Factors that the court considers include:
- Physical separation within the home, such as sleeping in different rooms.
- Separation of financial affairs, like different bank accounts or responsibilities for household expenses.
- Independent domestic arrangements, which might include separate chores, meals, and laundry.
- Communication of your separation to family and friends, indicating a public aspect to the change in relationship status.
Documenting Your Separation
You may need to provide affidavits from one or both parties involved, as well as from friends or relatives who can attest to your separation. These documents should detail the nature of your living arrangements and the date the separation began.
It's important to note that in Australia, divorce applications can be made jointly or by one party alone. The application is filed with the Federal Circuit and Family Court, and you can do this online.
The consent of the other spouse is not required to obtain a divorce. It is common for parties to resolve their financial and parenting matters prior to obtaining a divorce, because there is no waiting requirement to resolve those issues. A divorce application is separate to any application for parenting and /or financial orders.
Court Hearing
If there are children under eighteen involved, you will likely need to attend a court hearing. If there are no children, or if it's a joint application and all matters are agreed upon, you might not need to appear in court.
Seek Legal Advice
Given the complexities associated with proving separation under one roof, consulting with a family lawyer can provide guidance tailored to your specific circumstances. Our lawyers at Robinson Gill can help ensure that all legal requirements are met and assist in preparing necessary documentation and affidavits.
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