Separated but still living together?

About the Author: Kristdel Bolog

Kristdel practices solely in Family Law has been a Partner at The Family Lawyer since June 2019. Aside from her amazing ability to recite from memory the entire “Ode to Spot” by Commander Data, she has a wealth of knowledge and practical experience from a decade in the field of family law. Kristdel’s passion for the law and a love of helping people through difficult times enables her to put peoples minds at ease, even during complicated or bitter family court proceedings. As our resident “empath” she is The Family Lawyers’ Counsellor and is always there to listen to her colleagues or clients and bring a smile to their faces. Her nickname around the office is “the nerd”, a badge she wears proudly. Kristdel is hardworking, knowledgeable and dedicated to getting great outcomes for her clients. You can contact her at kbolog@thefamilylawyer.com.au or on 03 8657 3751.
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July 27, 2020

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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 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 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 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.

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