Can I apply for divorce if we are separated under one roof?
Can I apply for divorce if we are separated under one roof?
Yes. Living at the same address does not prevent you from being separated for divorce purposes. If you shared a home during any part of the required separation period, you will need extra evidence showing that the marriage had ended despite the shared address.
What does separation under one roof mean?
It means spouses have separated but continue living in the same home. Financial pressure, housing arrangements or children’s needs may explain that decision. Sharing an address is not the same thing as continuing a married relationship.
Under the Family Law Act, spouses can be separated even if one person ended the relationship, or if they still provide some household services for each other. The court looks at the facts, not simply whether you have separate leases or whether both people describe the situation in the same way.
How long must we be separated before applying?
The court must be satisfied that you have been separated for at least 12 months immediately before the application and that there is no reasonable likelihood of resuming married life.
Record the date of separation and the events that establish it. If there was a reconciliation or disagreement about when separation occurred, get advice before choosing an application date. Do not assume every period at the same address counts, or that every shared meal means separation has ended.
For the wider practical issues, see our first-30-days separation checklist.
What evidence does the court want?
The court’s guidance asks you to explain changes in the marriage, including:
- sleeping arrangements;
- shared activities and family outings;
- household tasks performed for each other;
- financial arrangements; and
- whether friends, family or relevant government agencies knew about the separation.
Describe what actually happened. If you still shared a mortgage or occasionally cooked for everyone, explain the circumstances rather than presenting an artificial picture of completely separate lives.
You should also explain why you remained in the home, any plans to change that arrangement, and the living arrangements for children under 18. If you receive a government benefit, the court’s guidance asks what agencies you notified and for relevant correspondence.
Who needs to provide an affidavit?
An affidavit is a written statement of evidence sworn or affirmed before an authorised witness.
For a sole divorce application involving separation under one roof, you must file your own affidavit. The court’s guidance says you should also file an affidavit from an independent person, such as a friend, relative or neighbour.
For a joint application, each spouse must file a separate affidavit. If only one spouse can provide one, the guidance says an independent person’s affidavit should also be filed.
A supporting witness should describe what they personally know. They should not copy your statement or claim to have observed private arrangements they never saw.
Does divorce resolve the house or parenting arrangements?
No. Divorce legally ends the marriage; it does not itself divide property or create parenting arrangements. Those issues need separate attention. Do not postpone advice about them simply because you are still sharing a home.
Must I move out to establish separation?
No. Separation under one roof is recognised, but evidence is needed when it falls within the relevant period.
Can incomplete evidence delay the application?
Yes. The court may seek additional material or adjourn the application if the evidence is insufficient.
For advice about separation evidence and a proposed divorce application, contact Aegis Law Group.
This article is general information, not legal advice.
