Separated Under One Roof: Divorce & Separation


The breakdown of a relationship is frequently challenging and confusing. Legal issues, financial disputes, and emotional hardship are all frequent, especially if you've been living together. When you're separated but still sharing a home at the same address, such issues might worsen considerably.


"Separated yet living under one roof" is a popular legal expression in Australia for this situation. You could have inquiries like these if you find yourself in such circumstances:


  • Will the fact that we live apart impact the divorce process?


  • Will the government funds we now get change now that we are cohabiting?


  • Even if we still live together, how can I demonstrate to the court that we have a legal separation?


The following guide to problems you could have when separated but living in the same house has been put together to assist you in understanding the legal side of things.


We at Meredith Lawyers, top family lawyers Sydney, have extensive expertise in assisting clients in challenging family circumstances. Get guidance about divorce and separation.


Can a couple seek a divorce while still cohabitating?

Even though no-fault divorce has been legal in Australia since the 1970s, there are still certain limitations on how divorces can be handled. For instance, before you may get a divorce, you must be apart from your partner for a full year. However, you do not need to have maintained separate residences for the full 12-month period in order to satisfy the court.


If part, or perhaps all, of your separation occurred while you and your spouse were still residing in the same home, you may still be eligible for a divorce in Australia. Even if you were still cohabiting, it's crucial that you were able to establish your separation.


For assistance with that procedure, get in touch with our professional divorce lawyers Sydney.


Connect with our team of divorce solicitors for queries related to divorce & separation in Australia.

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