This article aims to answer the question ‘Could We Get a Divorce If We Lived Together After Separation?’ and provide general information to address some common issues.
WHY DOES IT MATTER?
To seek a divorce in Australia, one eligibility criteria the court must satisfy before granting a divorce is that you and your former partner must have lived separately and apart for at least 12 months.
CAN I GET A DIVORCE IF WE SEPARATED UNDER THE ONE ROOF?
It is not uncommon that, for various reasons, parties to a marriage continue to live within the same household after their separation. This is known as ‘separation under one roof.’ The period of separation under one roof may be for a few days, weeks or months.
While the court accepts that separation can occur under one roof, it is essential that the party applying for a divorce can show the court that separation did occur.
For more information on the eligibility criteria for applying for a divorce, please read our article ‘How Long Does It Take to Get A Divorce in Australia.’
HOW TO SHOW THAT YOU ARE SEPARATED UNDER ONE ROOF?
Suppose you continue living in the same home with your former partner after separation. In that case, the court will require affidavit evidence proving that you separated under one roof. The person making the affidavit will need to address in as much detail as possible what they know about the separation and the arrangements post-separation.
If you are applying for a divorce on your own, you must file an affidavit by yourself and an affidavit from an independent person.
If you are applying for a divorce jointly with your former partner, you must each file a separate affidavit. If either of you cannot file an affidavit, you will need to obtain an affidavit from an independent person.
The independent person can be your friend, a member of your family or your neighbour.
WHAT YOU SHOULD DO AFTER SEPARATION
When the court hears your divorce application, the court would want to know if proper arrangements were made between the parties after their separation.
Here are some of the things that you should do when separating under one roof:
You and your former partner sleep in separate bedrooms.
Perform household duties only for yourself and your children.
Separate your finances and expenses with your former partner.
Inform your friends and family about the separation.
Do not attend social events as a couple with your former partner.
Discuss and decide with your former partner about your care and time with the children.
WHAT IF WE RECONCILE?
If you reconciled with your partner after separation for three months or more, the criteria to separate for 12 months would restart. If you reconciled for less than three months, the period before and after the reconciliation could be accumulated to make up the 12-month separation period.
SEEKING LEGAL ADVICE
If you are separated under one roof, seeking legal advice and speaking with a family law professional about your matter is important to ensure specific criteria are met.
At Yorkins Legal, we aim to give our clients a hassle-free divorce. We can assess your circumstances to ensure you satisfy the eligibility criteria for a divorce and prepare all essential documents to be provided to the Court with your application.
Our initial consultations are free, confidential and can be discussed over the phone or in person. We offer after-hours consultations and mobile service for our clients’ convenience. We will meet you wherever it is most comfortable for you, whether at your home or office.
Contact us to speak with our friendly team today.
Author
Kai Yeung
Principal Solicitor
T: (02) 7255 2788
Disclaimer - The information contained on this site is intended only to provide a general overview of matters of interest and is intended to apply only within Australia. It does not constitute legal advice. Professional advice should be obtained from a Yorkins Legal professional before taking any action in relation to any information contained on this site.
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