Common Divorce Issues – Separation Under One Roof

20th December 2018

Posted in: News

Separation under the same roof

When applying to the Court for a divorce order to be made, it is necessary to establish that the marriage has broken down irretrievably.

This is achieved by demonstrating to the Court that the parties to the marriage separated for a period of at least twelve months immediately preceding the date upon which the application for the divorce was filed.

However, it is not uncommon for parties to a marriage to be unable to financially meet the costs of living separately from one another from the time of separation.

So, in circumstances where a marriage has broken down, but the parties are not in the financial position to live separately, how will the court approach this issue?

Fortunately, pursuant to the Family Law Act, parties may be held to have separated and lived separately despite continuing to reside in the same residence.

In the event that the parties have remained under the same roof following separation, it is necessary for them to provide additional information to the Court through use of an affidavit.

What evidence is needed to satisfy the separation?

The evidence needed to establish that despite remaining under the same roof, there has been a change in the relationship which evidences that the parties have separated includes:

  1. A change in sleeping arrangements;
  2. A change in the activities undertaken as a couple;
  3. Division of finances and assets; or
  4. Any other circumstances which support that the marriage has broken down.

The affidavit should also provide information as to why the parties have continued to reside under one roof, and any plans that the parties have made to bring an end to this arrangement.

When parties are seeking to establish that they are separated under one roof, it is extremely important to ensure that they provide sufficient information in support of this assertion.

A failure to do so may result in the divorce application being delayed or dismissed by the court.

Our Approach

At CSD Law, our expert family law team can ensure that all necessary evidence is provided to the Court to make the process as smooth and successful as possible. If you have any questions, please contact CSD Law today on 1300 883 282 or email us at info@csdlaw.com.au.