It is not uncommon for couples to separate but continue living under the same roof. This arrangement may arise due to childcare needs, financial considerations, or personal reasons, potentially continuing for years following the separation.
Applying for Divorce While Living Together
If you are living under the same roof as your former partner while seeking a divorce, you will be required to submit additional evidence with your application. The court requires an Affidavit demonstrating that, despite sharing a residence, your marriage has ended and you are living separately. Your Affidavit should address:
- Sleeping arrangements: Outline any changes to where each person sleeps.
- Family activities and co-parenting: Describe how you interact as parents and whether you continue to participate in family activities together.
- Household duties: Explain how household responsibilities are divided.
- Finances: Provide details about the separation of finances, such as maintaining separate bank accounts.
Property Settlement After Separation
It is important to note that you do not need to wait until you are divorced to finalise a property settlement. In fact, it is advisable to resolve property matters as soon as possible after separation becomes definite.
If you do proceed with a divorce, you and your former partner should attempt to reach an agreement regarding property division. This can be formalised through consent orders, which are reviewed and approved by the court to ensure they are fair, taking into account the circumstances and contributions of both parties during the relationship.
Should you be unable to reach an agreement, you may apply to the Federal Circuit and Family Court of Australia for property orders. This application must be made within 12 months of your divorce order being granted. If you miss this deadline, you will need to seek the court’s permission to proceed with your application.
If you require further guidance on separation, divorce, or property settlement, our team at Ferraro & Singh Lawyers Pty Ltd is available to assist you.
