What is Separation Under One Roof?
"Separation under one roof" occurs when a married couple's relationship has ended, but they continue living in the same house. This is common due to:
Financial constraintsChildren's needsProperty market conditionsWaiting for property settlementLegal Recognition
Australian law recognises that separation doesn't require living at different addresses. What matters is that the marriage has ended in substance.
What You Need to Prove
To establish separation under one roof, you need to show changes in your relationship:
Financial Separation
Separate bank accountsNo joint financial decisionsSeparate bill paymentsNot financially supporting each other as spousesSocial Separation
Not attending events together as a coupleInforming family and friends of separationSeparate social livesSeparate holidaysDomestic Separation
Sleeping in separate bedroomsNot sharing meals regularlySeparate household dutiesNot doing each other's laundryEmotional/Physical Separation
No sexual relationshipNo physical intimacyTreating each other as housemates, not spousesEvidence Required
Affidavit from Third Party
You'll need a sworn statement from someone who knows about your living arrangements. This could be:
A family memberA friendA neighbourA counsellorThe affidavit should confirm:
When separation beganWhat changes they observedHow they know this informationYour Own Evidence
Consider documenting:
Date you told people about separationChanges to sleeping arrangementsFinancial changes (separate accounts)Removal of wedding ringsTips for Success
- Be consistent: Tell the same separation date to everyone
Document changes: Keep records of when things changedGet support early: Ask someone to provide an affidavit before you fileBe truthful: The court expects honesty
