Separated But Living Together

Being separated from a former partner but still living together is not uncommon.

This may happen during economic hardship or when one party has a lower earning capacity, fewer savings, or a disability.

These factors can also hinder their ability to move out and find independent living arrangements.

Where couples have separated and are looking to achieve property settlement, financing the purchase of two separate homes from the sale proceeds of one is simply not practical for the majority of couples.

Divorce & Family Court Difficulties

What can be especially difficult is for couples who remain living together after separation, but who wish to get divorced, may find that their divorce application is not accepted by the Family Court.

In most cases, if you have separated from a partner but continued to live within the same home during any part of the required 12-month separation period, the Family Court will require additional evidence from you before the divorce is granted.

This will usually take the form of a written statement with evidence by one or both parties to the relationship, as well as an additional statement from an independent supporting witness such as a friend or family member.

The contents of this statement may be quite detailed.

Proving Separation to the Court: Requirements & Challenges

To prove to the Court that you are no longer in a relationship, you may be required to talk about sleeping arrangements, household duties, your financial matters, your separated social matters and other topics.

Failure to satisfy the Court that you are truly separated while living together may lead to your divorce not being granted or delayed.

In all but the most exceptional of cases, applying for a divorce while being separated and living together will require additional work over and above the usual work required to prepare a divorce application.

Separated Under the Same Roof & Centrelink

Being separated under the same roof may (likely) also have implications for Centrelink or other government entitlements.

Contact Us

For professional consultation on your legal rights and options when separated but living together, contact Bambrick Legal today. We offer a free, no-obligation 15-min consultation for all enquiries.