In Australia, couples must be separated for a period greater than twelve months before being granted the ability to file for divorce. In most cases, separation is easy to define – when a couple first begins living separately, however, in some cases, couples choose to remain living in the same house even after separation, in which case it makes it harder to prove that their relationship is beyond the point of repair. This is referred to as separation under one roof.
Separating under one roof is a common choice for couples. There are a wide variety of reasons why this option may seem the most appealing to them. A primary factor is financial reasons, where one spouse may not have enough money to support themselves or buy their own home, especially considering increasing house prices. Many separating couples could also jointly own their hone and not want to give it up. Additionally, many see it as the best option from a parenting perspective, so that they can raise their kids in an easier, more family-like environment.
When investigating whether two people are separated, even if they live together, courts will consider several factors that are indictive of their separation including their financial aspects, social aspects, sleeping arrangements and intimacy levels. Regarding finances, it is recommended that separated couples living together separate their finances. This shows a lack of interdependence in the relationship. This could involve separating joint bank accounts, removing one another as beneficiaries in a will, superannuation, and bill payments. Another indicator is the social aspect in the couple’s lives. This regards whether they still present themselves as a couple to institutions and looks like whether they continue to attend events together, celebrate festivals together and whether they tell their friends and family about their situation. It is also expected that couples that are separated under one roof sleep in separate rooms and are not intimate with one another.
These factors all must be evident in affidavit statements from both parties. This document must show a clear shift in the nature of the relationship by portraying the above requirements.
Separating under one roof remains to be a common option for many newly separated couples, however, can often be hard to prove. It is crucial for spouses to be able to totally prove their financial, social, and intimate separation in such cases.
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