The short answer is, yes. Whilst being separated under the same roof can often be a little tricky to manage and a bit tense at times, it doesn’t prevent you from obtaining a divorce.
As with all applications for divorce, the key requirements of communicating the separation and a degree of physical separation are necessary to satisfy the requirements for a divorce. And, of course, you must satisfy the following conditions before you are able to apply:
- You must have been legally married;
- The marriage must have broken down irretrievably which is evidenced from being separated for at least 12 months and 1 day;
- Meet the jurisdictional requirements for an Australian Court to grant your Application for Divorce;
- And be able to prove, by way of an affidavit, that your circumstances and marriage changed once you separated.
In order to satisfy a Court that you were separated from your spouse but remaining living under the same roof, you will need to submit an Affidavit which needs to explain how your life with your spouse changed once either of you, or both of you, communicated that the marriage was over.
This could include:
- You and your spouse moved into separate bedrooms, or the sleeping arrangements changed;
- You started using separate bank accounts or there was a change in finances;
An example may be you both buying your own groceries or splitting bills equally as housemates would do. - No longer jointly performing household chores, such as doing laundry separately and not enjoying meals together;
- When, and if, you informed family members and friends that you have separated;
- If you and your spouse stopped going to family and social events together;
- If, and when, you informed Government agencies such as Centrelink and the Child Support Agency that you had separated.
It can also be helpful to ask a family member of friend to complete their own Affidavit in support of your Application for Divorce in order to satisfy the Court that you were indeed separated whilst living under the same roof.
Our handy eDivorce Divorce eGuide includes all the information you will need to make an Application for Divorce, including how and what to write in your Affidavit if you were separated from your spouse but still living under the same roof for any period of your 12 months of separation.
Personalised Divorce Application Kits from eDivorce
Your completed divorce application kit is just minutes away with our simple online process. We will provide you with a personalised and completed divorce application, ready to download immediately. We include a comprehensive and easy to read Step-By-Step Divorce eGuide with every kit, to make the process simple.
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We hope you enjoyed today’s blog.
Kind Regards,
The eDivorce team
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