You can be separated from your partner but both be living in the same house.
This is known as being separated under the 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 must have been separated for at least 12 months. You may be separated by living in the same house for a few days, weeks or even years after the date of separation.
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. In the affidavit 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 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.
You should also have an affidavit from another person, such as a co-worker or friend which supports your affidavit and confirm that the period of separation and the nature of the relationship.
Where this information is not provided, it may delay the process of obtaining your divorce if the court needs to request further information.
Our experienced legal team can assist you with preparing your application and affidavits, get in touch with our lawyers for a free family law consultation by calling 03 8657 3751 or via email email@example.com