Separation Under the Same Roof

1st November 2024

Separation can be a complex and emotionally charged process, especially when couples continue to live under the same roof. Understanding the factors that the Court considers in determining whether a separation has occurred is essential. The RMB Family Law Division explains.

First and foremost, communicating your intention to separate is crucial. This clear declaration sets the foundation for all subsequent changes in your relationship dynamics.

Examining your financial arrangements is equally important. If you and your partner have moved towards financial independence by maintaining separate bank accounts and managing individual expenses, it indicates a significant step towards separation.

Sleeping arrangements are another key aspect. Opting to sleep in separate rooms, despite living under the same roof, demonstrates a clear physical separation. Informing friends and family about your separation is also vital. Social acknowledgment of your changed relationship status not only provides emotional support but also serves as evidence of your separation.

The nature of intimacy between you and your partner is a telling indicator of separation. In a genuine separation under one roof, the absence of a physical relationship underscores the shift towards an independent and detached status. This lack of intimacy highlights the significant changes in your relationship dynamics.

If you continue living together for all or part of the 12-month separation period required for divorce, you will need to provide the Court with an affidavit alongside your Application for Divorce. This affidavit should detail the changes in the marriage, and explain why you continued to live together post-separation. You may also need an affidavit from a third party to corroborate your separation.

Your affidavit should:

  1. Detail closure of joint accounts, opening of separate accounts, changes in financial responsibilities, or financial agreements.
  2. Provide evidence that you no longer share a bedroom, cook for each other, or perform household chores for one another.
  3. Explain when friends and family were informed of the separation and show that you are no longer treated as a couple socially.
  4. Confirm the lack of a physical relationship.
  5. Describe the withdrawal of intimacy, companionship and support.
  6. Mention any government departments you informed about your separation, such as Centrelink, the ATO or the Child Support Agency.

The Court will consider these factors to determine if a genuine separation has occurred, with a focus on whether the relationship has irrevocably broken down with no reasonable likelihood of resuming.

If you need further guidance, you can contact our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.

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