Many couples continue to share a home after deciding to separate. Whether for financial reasons, to minimise disruption for children, or simply because finding alternative accommodation is difficult, living under one roof during a separation is common in Australia.
The good news is that living together does not prevent you from getting divorced. However, you will need to provide additional evidence to prove that your marriage has ended. This guide explains how “separated under one roof” works under Australian family law and what you need to do to satisfy the court.
What Does “Separated Under One Roof” Mean?
Separation in Australia does not require you to live at different addresses. The law recognises that separation is about the breakdown of the marital relationship, not simply where you sleep.
Being “separated under one roof” means that you and your spouse have ended your relationship as a married couple but continue to live in the same residence. The key requirement is that there has been a fundamental change in how you relate to each other.
How to Prove Separation When Living Together
If you have been separated under one roof for any part of the 12 months immediately prior to filing for divorce, you will need to provide extra evidence to demonstrate that your marriage has irretrievably broken down.
Evidence the Court Looks For
The court will want to see that your relationship has changed in meaningful ways. Indicators of separation while living together typically include:
- Sleeping in separate bedrooms
- No longer sharing meals as a couple
- Managing finances independently
- Not attending social events together
- Telling family and friends that the relationship has ended
- No longer performing domestic tasks for each other as a couple
- An end to the intimate relationship
The Affidavit Requirement
When you apply for divorce and have been separated under one roof, you will need to complete an affidavit explaining how you lived separately during this time. Affidavits must be sworn or affirmed before an authorised witness such as a Justice of the Peace or solicitor.
You will also need to provide a supporting affidavit from another person who can confirm the living arrangements. This witness might be a family member, friend, or neighbour who has observed your situation.
Common Questions About Living Together While Separated
Can We Share Some Expenses?
Yes. Sharing household expenses such as mortgage payments or utility bills does not necessarily indicate that you are still in a married relationship. Many separated couples continue to share costs for practical reasons.
What If We Still Have Occasional Contact?
Normal, cordial interaction does not prevent separation. The court understands that people living in the same house will have some contact. What matters is whether the marriage relationship has ended, not whether you occasionally speak to each other in the kitchen.
Can We Reconcile and Try Again?
If you reconcile and resume living together as a married couple for more than three months, the 12-month separation period restarts. However, if you reconcile for less than three months and then separate again, that time does not reset the clock. This allows couples to make one genuine attempt at reconciliation without prolonging the requirement for the 12-month separation period.
Why Couples Choose to Live Together During Separation
There are many valid reasons why separated couples continue to share a home:
Financial constraints: The cost of maintaining two households can be prohibitive, particularly when property settlement has not yet occurred.
Children’s stability: Keeping children in the family home with both parents can minimise disruption to their routines, schooling, and sense of security during a difficult time.
Property market conditions: Finding suitable rental accommodation while selling or settling property matters can be challenging.
Mortgage obligations: Both parties may remain liable for mortgage payments regardless of living arrangements, making it practical to stay until financial matters are resolved.
The 12-Month Separation Rule Still Applies
Living under one roof does not change the fundamental requirement for divorce in Australia: you must be separated for at least 12 months before you can apply. The only difference is the additional evidence you need to provide.
During this period, you do not need to wait to address other matters. You can seek advice about property settlement and parenting arrangements at any time. In fact, you should consider seeking advice with respect to property settlement and parenting matters sooner rather than later.
Practical Tips for Separating Under One Roof
Document the Changes
Keep a record of when separation occurred and the changes you made. This might include:
- The date you told each other the relationship was over
- When you began sleeping in separate rooms
- Changes to financial arrangements
- When you informed others about the separation
Tell People
Informing family members, friends, and relevant contacts that you have separated creates a record and provides potential witnesses who can support your application.
Be Clear About Boundaries
While you do not need to be hostile, maintaining clear boundaries helps establish that the marital relationship has ended. This is both practically helpful and provides evidence of separation.
When Should You Get Legal Advice?
If you are considering separation or have already separated while living under the same roof, speaking with a family lawyer can help you understand:
- What evidence you will need for your divorce application
- How to document your separation appropriately
- Your options for property settlement and parenting arrangements
- The timing of various legal processes
You do not need to wait until you move into separate residences to get advice. Early guidance can help you plan effectively and avoid potential complications.
Moving Forward with Confidence
Separating under one roof is more common than many people realise, and the legal system has clear processes for handling these situations. With proper documentation and evidence, your divorce application can proceed just as it would if you had been living at separate addresses. Our family law team provides compassionate, practical advice for people navigating separation in all its forms. We explain your options in plain English and help you understand what steps to take next.
