Understanding "Separation Under One Roof" in Australian Family Law
In today’s economic climate and evolving family structures, many couples choose to remain living together after separating. Whether it’s to ease financial pressure, maintain stability for children, or accommodate shared routines, separation under one roof is becoming increasingly common across Australia.
At Greigs Legal, we understand that this arrangement can raise complex legal questions especially when it comes to proving separation for the purpose of divorce.
Can You Get Divorced While Living Together?
Yes. Under Australian family law, couples can apply for divorce even if they continue to reside in the same home. The key requirement is that the marriage has irretrievably broken down and that the parties have been separated for at least 12 months even if that separation occurred while living together.
What Does "Separation Under One Roof" Actually Mean?
To be legally recognised as separated, couples must demonstrate that they are living independent lives despite sharing a household. This may include:
- Sleeping in separate bedrooms
- Managing finances independently (e.g. separate bank accounts, ceasing joint spending)
- No longer sharing meals, chores, or household duties
- Ending any sexual or romantic relationship
- Avoiding socialising together as a couple
Where children are involved, co-parenting will naturally continue. However, communication should be limited to parenting matters and not resemble a spousal relationship.
What Evidence Is Required for Divorce?
When applying for divorce while living under one roof, both parties must submit affidavits explaining:
- Why they continued living together
- How they maintained separate lives
- The circumstances and date of the separation
The Federal Circuit and Family Court of Australia will assess whether the relationship has genuinely ended, despite the shared living arrangement. Supporting evidence such as statements from friends, family, or professionals may also strengthen your case.
Why Seek Legal Advice?
Staying in the same home after separating can be challenging both emotionally and legally. At Greigs Legal, we know that every separation looks different, especially when you're still sharing a household.
Our team offers clear, practical advice tailored to your situation. Whether you're preparing affidavits, managing co-parenting arrangements, or simply figuring out what comes next, we’re here to support you. Contact our office on (02) 4647 2968 or submit an online enquiry to arrange an initial consultation with a family law solicitor.
