Divorce in Australia - separated, but living under one roof

To obtain a divorce in Australia, you have to prove the irretrievable breakdown of the marriage, as shown by being separated for at least 12 months. This does not mean that a couple must be living in separate homes, as divorce may still be granted even if you are living under one roof, as long as you can satisfy the court that you were living independently from each other.

If you have been separated but were living under the same roof for part or all of the 12-month period before making the application, you will have to submit to the court further documents confirming that although you were living under one roof, your marriage has in fact ended as shown by circumstantial evidence of separation such as sleeping in separate rooms, having independent bank accounts and publicly representing that you have separated from each other. You must also include in your documents the reason both of you decided to still live in the same home despite the separation, such as custody of children or difficulty of finding a new home, and the fact that there is a plan to live in separate homes in the future.

To know more on how couples living under the same roof may be eligible for divorce in Australia, and to find out more about ending a relationship, click on this link or call our friendly team on (03) 9744 1881.

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