Separated and living under the one roof – Can we Divorce?

Why separate and live under the same roof?

Separating under one roof has risen in popularity in Australia in recent years.

This has been attributed to a rise in the cost of living, the financial pressures of maintaining two separate households, a nationwide housing crisis, a period of high inflation and more flexible approaches to cohabitation after divorce and separation, especially when children are involved.

Legally, what does Separation Under One Roof mean?

Separation under one roof is when parties to a marriage separate but continue to live in the same home. It may be for a few days, weeks, months or years following separation.

Parties will often continue living under one roof for a number of reasons, including financial constraints or considerations, meeting the needs of shared children or simply because it’s not practical for either party to move out immediately.

For parties to be separated under one roof, both must acknowledge that the relationship has irretrievably broken down.

Whilst both parties are not required to agree to a separation (i.e. you can separate from your partner without their consent), you are required to tell your partner that you are separating from them.

Tips for Living Under the Same Roof After Separation

Separation under one roof can be difficult for all involved. You should ensure that your safety and privacy is prioritised.

Some tips to achieve this include:

1. Lock all electronic devices with a secure password or passcode.
2. Change your password on all emails, social media accounts and electronic devices.
3. Keep your mail, emails and correspondence from your legal representative in a safe place away from your former partner. This may mean that you establish a PO box nearby or you have your mail delivered to your workplace.
4. If you are staying in your own separate bedroom, consider obtaining a lock for the door, and ensure that all of your items are held in your room.

Seeking Legal Advice for Separation Under One Roof

Separation under one roof can be a complex and sensitive issue.

Seeking specialist Family Law advice early is crucial to ensure informed decisions can be made from the beginning and you have the support you need to progress as smoothly as possible through your family law journey.