In Australia, we are noticing a rise in couples separating but continuing to live under the same roof. Often the arrangement to continue living together post-separation is for a short period i.e.: weeks or months.
However, given the current cost of living crisis that many Australian families are currently experiencing, we are seeing a rise in couples continuing to live together indefinitely after deciding to separate.
Can I separate whilst living under the same roof as my partner/spouse?
Yes! – if you and your partner continue living together during part, or all, of the 12-month separation period, you will be required to provide additional information to the Court before being able to apply for a divorce.
To apply for a divorce, you will need to file:
For the purposes of applying for divorce or property proceedings you need to be clear on ‘your date of separation’ This is because
There are 3 main factors that you would need to provide evidence of in your Affidavit to prove that you are separated under the same roof. These are:
You may need to provide the Court with evidence to prove that you are no longer financially dependent on one another. For example:
Physical Separation
This is also an important aspect to prove to the Court that you are separated. You can show physical separation by taking the following steps:
The following can also be examples as evidence of separation. These may include:
Extra care also needs to be taken if there are also still young children living under the same roof.
Keep to routines, stay friendly and minimise any conflict in front of the children.
If possible, explain to them together what is happening and what it will mean for the children and provide reassurance.
Try and come up with a roster between yourself and your former spouse/partner as to time that each parent will spend with the children that considers to the best interests of your children and that minimises any impact on the children’s own sporting/education/extra-curricular/social routine.
Also remember: safety first!
Do not continue living under the same roof if you have concerns about your safety or there has been, or are threats of, domestic violence towards you, the children or any pets, or your former partner/spouse has made threats of self harm.
To protect yourself, gather all of your personal paperwork and valuables and consider storing them separately. You may wish to ensure that you change the passwords on any shared computers or for your social media and bank accounts.
We can help give you advice on your rights if you are in this situation and refer you to appropriate support services whether you are a female, male, child, LGBTIQ couple, a grandparent or extended family member.
Separation is stressful and can be distressing. Have your friends and family around you for support.
And make sure that you see a lawyer who cares about you!
If you require any assistance, please contact our office, we are here to help guide you through this process.
How to cope with Separating under the same roof:
Separating from your partner is one of the most difficult experiences you may go through in your life, and the idea of continuing to live with them and having to see them each can be very hard for some people.
However, there can be some benefits of continuing to reside together after separation (when there is no risk of family of domestic violence): such as stability for your children – where their routines do not have to change too much and financial assistance, as the cost of living is quite high in Australia at the moment and going from a dual income home to a single income home can be a massive strain.
It is important to set boundaries with one another and be able to be respectful of each other’s personal choices while remaining living together.
We suggest taking the following steps to transition to your new way of life:
Although it may seem impossible in the beginning, if you try to always keep communication lines open with your former partner, it will become easier to share the same spaces in your home.
Protecting your Privacy while being separated under the same roof:
Although you are both navigating through this separation and trying to find the new normal. We have a few tips to protect your privacy during this time:
Who can you reach out to for guidance through this time:
If you need any emotional support during this time, there is many organisations that are easily accessible by following one of the links below:
For Children:
For adults:
References:
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