For many separating couples, moving into separate homes immediately is not always possible. Financial pressures, parenting responsibilities or difficulties finding suitable accommodation may mean that a couple continues living in the same home after deciding to separate.
In Australia, it is possible to apply for a divorce even if you and your former partner have been separated but living under the one roof. However, you will need to provide additional evidence to the Federal Circuit and Family Court of Australia to demonstrate that the relationship has ended.
Before applying for a divorce, you must generally show that your marriage has irretrievably broken down. This is usually established by proving that you and your spouse have been separated for at least 12 months and one day.
The 12-month separation period begins from the date that one or both parties communicated their intention to separate.
What Does Separation Under One Roof Mean?
Separation under one roof occurs when a married couple has separated but continues living in the same home after the relationship has ended.
This arrangement may continue for days, months or even years after separation. However, if you have lived under the same roof during any part of the required separation period, you will need to provide additional information when applying for divorce.
The Court needs evidence that, although you shared the same address, the marriage had ended and you were living separate lives.
Examples of Separation Under One Roof
The following examples explain how separation under one roof may affect a divorce application:
- Example 1: A couple has been separated for 18 months. They continued living in the same home for the first 8 months after separation before moving into separate accommodation. Because part of the 12-month separation period occurred under one roof, additional information will need to be provided to the Court.
- Example 2: A couple has been separated for 4 years. They lived together for 2.5 years after separating but have lived separately for the last 1.5 years. They generally will not need to provide additional information about living under one roof because the 12-month separation period immediately before applying for divorce occurred while they were living separately.
What Evidence Is Required for Separation Under One Roof?
If you have been separated but living in the same home, you will usually need to provide an affidavit with your divorce application.
An affidavit is a written statement that is sworn or affirmed as true. It provides evidence to the Court about the circumstances of your separation.
If you are making a joint divorce application, both parties must provide their own affidavit explaining the separation.
The affidavit should explain the changes that occurred after separation and demonstrate that the marital relationship has ended. This may include information about:
- Sleeping in separate bedrooms;
- Separating financial arrangements, such as bank accounts and expenses;
- Separating household responsibilities;
- Reducing or stopping activities undertaken together;
- No longer presenting yourselves as a couple socially;
- Advising family and friends that you have separated;
- Updating government agencies, such as Centrelink or Child Support, where relevant.
The Court will consider the overall circumstances when determining whether a genuine separation has occurred.
Why Do Some Couples Continue Living Together After Separation?
The Court recognises that separating couples may have practical reasons for remaining in the same home after their relationship ends.
Common reasons include:
- Waiting until one person can find alternative accommodation;
- Financial difficulties preventing immediate separation of households;
- Providing stability for children;
- Managing property or housing arrangements.
Where there are clear reasons why a couple continued living together, this can help explain the circumstances of the separation.
Can You Still Share Household Tasks After Separation?
Continuing to perform some household tasks does not necessarily prevent a couple from being considered separated.
For example, one person may continue washing clothes, preparing meals or completing household tasks because they are necessary for managing the home or supporting children living at the property.
The Court looks at the overall circumstances of the relationship rather than focusing on one individual factor.
Do You Need to Attend Court for a Divorce Application?
Whether you need to attend court depends on your circumstances.
If there are children under 18 years involved, the applicant will generally need to attend the divorce hearing.
In other circumstances, attendance may not be required if the Court has enough information to determine the application from the documents provided.
If the Court requires further information about your separation, it may request additional evidence or require you to attend a hearing.
Getting Legal Advice About Separation Under One Roof
Applying for divorce after being separated but living under one roof can involve additional requirements and documentation.
An experienced separation and divorce can help you understand the evidence required, prepare your affidavit and ensure your divorce application is completed correctly.
At Somerville Laundry Lomax, our family law team assists clients with separation, divorce applications and parenting matters. If you need advice about your circumstances, you can contact our team.
Disclaimer: This article provides general information only and is not intended to be legal advice. Family law requirements can vary depending on your circumstances. You should obtain professional advice before making decisions about separation or divorce.