Separated Under One Roof Divorce

A divorce order is an entirely separate process to property and parenting matters.

Separated under one roof divorce.

Establishing that you are separated is important if you want to apply for divorce. Despite residing under the same roof you and your ex will need to stick with the terms of the divorce settlement agreement which may include separate visitation times child support payments and spousal support. Separation under one roof is when a husband and wife separate but continue to live in the same home. You must prepare and file two affidavits.

Based on the family law act 1975 the only ground for divorce is when the relationship has broken down irretrievably. However the court will require further evidence of separation if you and your partner have been living under the one roof. One written by another person who has seen or heard about you and your spouse being separated under the same roof. The couple can t yet afford to rent a separate apartment or house.

The couple wants to remain under one roof for the sake of the kids until the divorce is final or the house is sold. Being separated under one roof. 12 months and each party is aware that the relationship has ended the court will normally accept this as evidence of separation and grant a divorce. To prove you re genuinely separated you ll need to give the court some extra information.

A divorce application can be made after 12 months of separation. In the current economic climate it has become increasingly common for parties to separate under the one roof. You must serve both affidavits on your spouse with your divorce documents. One written by you.

It is not a pre requisite to be divorced for you to file property or parenting proceedings or to reach an agreement in relation to property or parenting matters. If you and your spouse lived in the same home during part or all of the required 12 months separation period you need to provide extra information to the court. It may be for a few days weeks months or years following separation. If you continue living together after the divorce decree you may need to revise the agreement to reflect any financial changes.

This person will most likely be a family member or friend.