Can you be separated and still live in the same house?
An unfortunate casualty of tougher financial times is often the marriage.
If the marriage does break down, the extra financial burden of renting alternative accommodation, moving and setting up another home can be extremely daunting if not impossible, especially when there are children involved.
Section 49(2) of The Family Law Act (1975) provides for the parties to live separately despite continuing to reside in the same residence, for the purposes of the 12 month separation period required before you can apply for a divorce.
There are however specific requirements the parties must be able to prove, in order for the Court to be convinced the 12 month separation period has been satisfied.
To demonstrate that there has been an “irretrievable breakdown of the marriage”, in relation to a Divorce Application, in circumstances where the separation is under the one roof, the parties must record the official date of separation, (this is usually when one party moves out of the shared bedroom) and each party will be required to file an affidavit confirming the circumstances of the separation.
An additional affidavit is also required from a third party to confirm his or her observations of the circumstances of the 12 month separation.
As to whether or not separation under the one roof is the right decision, will generally come down to how amicable the parties are about the separation.
Given the emotional intricacies involved with any marriage breakdown, separation under the one roof is, in most circumstances, by no means the easier option.
For further information about Divorce Applications and Financial Property Settlements, please contact Scott Willliams, 0400 484 091 or email: sw@swconveyancinglegal.com.au