How do I prove I’m separated under one roof?

In order to successfully apply for a divorce, couples need to be separated for at least 1 year. However, couples need not have lived in different residences for the full 12 months.

Separation under one roof is when two former spouses continue to live in the same house after their relationship has broken down but can demonstrate that they no longer lived as a “couple”.

There are a number of reasons that former spouses would continue to live in the same house after separation, including shared parenting arrangements, caring for other dependents, housing stability and your personal financial circumstances.

If you and your spouse have elected to remain living in the same house after separation, evidence that you are separated under the one roof include:

·      Change in sleeping arrangements

·      Cessation of a sexual relationship

·      Reduction in shared activities or family outings

·      Decline in performing household duties for one another (i.e. cooking or cleaning for the other person)

·      Division of finances (i.e. opening separate bank accounts)

·      You have informed your family and friends of your separation

·      You no longer attend social outings as a “married couple”

·      You no longer claim the other party as a partner on your tax return

·      The other party is no longer a beneficiary of your will, superannuation or other benefit

To learn more about proving separation under one roof, or if you need assistance completing your Application for Divorce, please contact our team of family lawyers.