Separated but still living together?

Did you know you can be separated from your partner but both be living in the same house?

This is known as being separated under one roof and in the time of COVID-19 a very likely reality for many people going through a separation.

In order to file for divorce, you and your partner need to have been separated for at least 12 months. You may be separated by living in the same house for a few days or weeks after the date of separation, or for several months or more.

If any or all of the 12-month separation period was spent living under the same roof, you will need to provide information to the court with your divorce application as to why this was the case.

This information must be contained in an affidavit, which is a written and signed statement affirmed as the truth. It must be signed before an authorised witness, such as a lawyer or a Justice of the Peace. Affidavits are used as evidence in court. In the affidavit about being separated under one roof, you must prove that you are no longer living as a married couple, despite being in the same house.

Certain factors of the relationship also need to be addressed in the affidavit such as the financial, household and social aspects, including the nature or existence of a sexual relationship between the parties.

Where this information is not provided, it may delay the process of obtaining your divorce if the court needs to request further information.

Author:

Picture of Kristdel Bolog

Kristdel Bolog

Founder & Head of Family Law

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