Stefania Scarcella

separated but living together

Frequently Asked Questions:

What does being separated while living under the same roof mean?

This means that although you and your wife or husband have ended your relationship you continue to live together under the same roof.

The end of a marriage or relationship is an emotional process and sometimes you can’t move on (or out) until your property settlement has been resolved. It’s important that a property settlement is reached so that you can sever the financial ties to your former partner and independently move on.

In certain circumstances, this may mean that you need to stay living together for a period until the resolution of the property settlement.

 

Can I get divorced if my ex and I are separated while living under the same roof?

The short answer is ‘yes’, however the court requires that additional documents be prepared and submitted as part of your application for divorce if this is the case.

If you lived with your former wife or husband during the 12-month period leading up to the date of filing your divorce application, then the application will need to be supported by at least one affidavit.

The number of affidavits required depend on what type of application you are making, either ‘sole’ or ‘joint’. These documents need to demonstrate that the nature of your relationship with your former wife or husband has changed which proves that you have actually separated, i.e. that you no longer socialise together, that you sleep in different bedrooms, etc.

The affidavit will be required by different people depending on the circumstances of the relationship and the nature of the application.

 

Can I resolve my property settlement matter if we are separated while living under the same roof?

Yes, it is possible to negotiate and work towards a resolution of your property settlement while you and your former partner are separated while living under the same roof.

It is important that you note the date of separation as this is a key fact that we need to be aware of when considering the financial disclosure required and in assessing a suitable division of the assets and liabilities of the relationship.

We suggest that you consider your financial position and wishes as to who will be retaining the former marital home as part of resolving the property settlement. Or, it might be that it will need to be sold.

 

What’s next?

Lindbloms Lawyers have significant experience in assisting clients who are separated while living under the same roof with their application for divorce and property settlements. If you have any questions about taking the next step then contact one of Lindbloms Lawyers’ family law team today.