Updated: 2 days ago
We understand that separation doesn’t always mean moving out immediately. In fact, many separated couples in Australia continue living under the same roof during or even after separation, whether for financial, parenting or practical reasons.
But if you’re applying for a divorce and you've remained in the same home for any part of the 12-month separation period, you’ll need to take extra steps to move forward.
In this article, we’ll explain what separation under one roof means, what documents you’ll need, and how to prove your separation to the Court.
In This Article:
What Is Separation Under One Roof?
Separation under one roof occurs when a married couple separates but continues living in the same home. This can last for days, months or even years.
It is common and legal, but it requires you to provide additional evidence to the Court when applying for a divorce.
The Family Law Act 1975 requires spouses to be separated for at least 12 months before they can file for divorce. If you spent any or all of that time living together, the Court needs evidence that you were truly separated during that time.
Services Australia (Centrelink, ATO, Medicare, etc.) may also require an SS293 (separated under one roof form) as part of your disclosure details so they can properly assess your circumstances.
Do You Need To Provide Extra Information?
Here are two examples to show when you need to provide additional information.
Example 1:
Separated for 14 months.
Lived together for 5 months after separating.
Must provide additional information to the Court.
Example 2:
Separated for 5 years.
Lived together for 3 years after separation, then apart for 2 years.
No extra information required.
What Documents Do You Need?
If separation under one roof applies to your situation, you’ll need to file an affidavit with your divorce application.
What Is An Affidavit?
An affidavit is a written statement used to present evidence to the Court. You must swear or affirm it before a qualified witness, such as a solicitor or Justice of the Peace.
Who Needs To File An Affidavit?
As we've discussed before, you have several avenues for filing for divorce.
Sole Applicants:
You must file an affidavit.
You should also file one from an independent witness (e.g. a friend, family member or neighbour).
Joint Applicants:
Each spouse must file a separate affidavit.
If one spouse can’t, we recommend an independent witness affidavit.
The independent affidavit should include everything the person knows about your separation.
Unsure Where You Stand?
Separation is hard enough without the guesswork. Book a confidential initial consultation and get the clarity you need.
What Should Your Affidavit Include?
To satisfy the Court, your affidavit must show that a genuine separation occurred, even if you lived together.
You should explain:
Any change in sleeping arrangements.
A decline in shared activities such as meals or outings.
Changes in how you divided household tasks.
Separation of financial matters (e.g. separate bank accounts).
Whether you informed family, friends or institutions about the separation.
You should also explain:
Why you remained in the same home.
Whether you plan to change this living arrangement.
Parenting arrangements (for any underage child).
Notifications to Centrelink or Child Support, and include any correspondence if available
Do You Need to Attend Court?
Attending the divorce hearing is only required if:
you filed a sole application
there is a child of the marriage aged under 18 years at the time of filing
you have indicated that you wish to attend court in the application
the respondent (your spouse) files a response opposing the application
If you want to attend a hearing, even if you are not required to, you should indicate this in your application.
In other cases, if you’ve filed all the required documents correctly, you typically won’t need to attend. However, if the Court needs more information, it may ask you to attend or submit further evidence.
Do I Need A Lawyer?
One of the most common questions we hear during our free 30-minute initial consultations with clients is, "Do I really need a lawyer to apply for divorce?"
While you can legally apply for divorce on your own, an experienced family lawyer can make a significant difference, especially in more complex situations like separation under one roof.
Ensure Your Application Is Done Right The First Time
Preparing a divorce application involves more than filling in a form, especially when you must submit affidavits and supporting evidence. A lawyer will ensure everything is accurate, complete, and compliant with Family Court rules, helping you avoid unnecessary delays or rejections.
Assistance With Affidavits
When living under one roof, you must submit detailed affidavits explaining the breakdown of your marriage and your current living arrangements. Lawyers know what the Court is looking for and can help you draft persuasive affidavits, gather the right supporting documents, and coordinate independent witnesses when required.
Save Time And Stress
Divorce can be emotionally draining, particularly if there are children or financial matters involved. Having a lawyer manage the paperwork, communication, and strict deadlines can reduce stress and let you focus on what matters most.
Tailored Legal Advice
There is a lot of information online about separation and family law. Some of what you will read is simply not correct, overly simplified or not appropriate to your circumstances or geographical location. No two separations are the same. A solicitor can give you clear, practical advice specific to your situation.
Peace Of Mind
You can move forward knowing your legal rights are protected and your application is progressing correctly.
Need Help Navigating Divorce While Living Under One Roof?
Let our experienced team support you through this process. Contact RHC Solicitors today for compassionate advice tailored to your situation.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current, and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication are those of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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