Many factors contribute to why moving out immediately after a relationship ends is not always possible. Some of them include financial pressures, the struggle to find new accommodation, and parenting responsibilities. These factors often cause separated couples to continue living together in the same house. In Australia’s family law today, this situation is referred to as “Separated Under One Roof.”
Knowing exactly how this situation works is crucial for married people looking to apply for divorce in Australia.
Here’s What You Should Know About “Separated Under One Roof”
The Australian Family Law Act 1975 requires couples to be separated at least 12 months before applying for divorce. Of course, this 12-month separation period doesn’t mean the couples must live in separate apartments. Instead, it only means that they have to be separated. As such, this is good news for couples separated under one roof. The only big deal, however, is that you must be able to demonstrate that your relationship has indeed ended before applying for a divorce.
Below are a few reasons why separated couples may remain under one roof today:
- Couples lack the financial capabilities to live separately immediately.
- The couples have children together and is looking to reduce disruption for them.
- “Separated under one roof” is also possible if housing or rental options are limited.
Tips for proving separation under one roof
Now that you guys are currently separated under one roof, the question is: how do you prove it? Having the right evidence of separation is crucial for the Court to approve your divorce process in Australia. This includes:
- Showing proof of changes in living arrangements. A good example is that both of you now sleep in separate rooms.
- Social changes: This involves letting your friends and family know about the separation.
- Financial independence: A good example is showing proof that both parties now use separate bank accounts.
- Supporting statements: This usually comes from family, friends, or professionals. These statements must confirm that the separation is indeed real.
Before the Court will grant you approval for divorce, you need all this evidence correctly outlined in an affidavit. As for the children, the court will decide how parenting arrangements will work provided they’re under 18.
Why Seek Legal Guidance Today?
Proving separation under one roof is not as straightforward as you think. The entire process can easily become complicated if you don’t follow the best practices. Partnering with a reliable Sydney family divorce lawyer ensures your divorce application doesn’t get delayed or challenged.
Below are a few ways a professional lawyer at EM Family Law can assist you:
- They’ll help you prepare the necessary documents for affidavits.
- The lawyer assists in gathering supporting evidence to convince the Court that your separation is true.
- Legal experts offer advice on financial matters and parenting arrangements.
- The lawyer ensures the entire divorce application process goes smoothly.
Take action today!
Are you currently separated under one roof and are looking to apply for divorce? If yes, we advise you never to navigate the application process alone. Partnering with EM Family Law means you can rest assured that our experts will guide you throughout the entire process. Kick-start your divorce application process today by requesting a callback.
