{"id":7501,"date":"2023-06-06T16:09:35","date_gmt":"2023-06-06T16:09:35","guid":{"rendered":"https:\/\/xenodochial-liskov.139-99-238-150.plesk.page\/?p=7501"},"modified":"2023-06-22T04:59:31","modified_gmt":"2023-06-22T04:59:31","slug":"what-does-separation-under-one-roof-mean","status":"publish","type":"post","link":"https:\/\/xenodochial-liskov.139-99-238-150.plesk.page\/?p=7501","title":{"rendered":"What does separation under one roof mean?"},"content":{"rendered":"\n
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What does separation under one roof mean? It might sound contradictory, but it is a Family Law concept which means that a divorce can be completed even if the parties have lived in the same place during the required separation period. To understand how separation under one roof works, we need to look at the requirements for divorce in Australia.\u00a0<\/p>\n\n\n\n

Divorce in Australia and separation under one roof<\/h2>\n\n\n\n

To finalise a divorce in Australia, the parties must prove to the court that they have been separated for the required minimum period (12 months). Moreover, they also need to prove that there is no reasonable possibility of reconciliation. The usual separation period involves you and your ex living in separate accommodations. However, it can be difficult to relocate when you\u2019re in the middle of a separation period.\u00a0A few reasons are housing prices and rental rates etc. <\/p>\n\n\n\n

The problem is that if you and your spouse are still living together, it may be difficult to persuade the court that you are “separated”. Separation under one roof comes in here. <\/p>\n\n\n\n

Proving you’ve been separated under one roof<\/h2>\n\n\n\n

To prove that you and your ex have been separated under one roof, you will need to give evidence to the Court in the form of an affidavit (a document you swear to the truth of). <\/p>\n\n\n

When and how the separation under one roof started<\/h3>\n\n\n

Pinpointing the date you began the process of separation can be hard, but the court needs to know when the 12-month period began.  <\/p>\n\n\n\n

It can be helpful to think of whether there was a message exchanged and subsequent discussion with your ex when you agreed to end the relationship. Maybe there was an event or chain of events leading up to that to provide context. When did you discuss it, and who said what? Did you agree that the relationship was over, or did one of you disagree for a while? <\/p>\n\n\n

Why didn’t you or your ex move out?<\/h3>\n\n\n

As mentioned before, there are many reasons one of you may not move out even when your relationship is over. Maybe one or both of you couldn\u2019t pay for 2 sets of accommodation, or your area doesn’t have enough accommodation. Perhaps you decided living in two different locations made it hard to meet your child’s needs. Details of such context can be helpful. <\/p>\n\n\n

What changed in your relationship after separation under one roof?<\/h3>\n\n\n

If everything in your relationship stays the same after separation, the court will not be convinced.  <\/p>\n\n\n\n

You will need to provide evidence of how your relationship with your ex really changed. This could be: <\/p>\n\n\n\n