22 March 2022
 Categories: , Blog

In Australia, you do not have to prove that any party was at fault if you want a file for a divorce. Yet you do need to show that you have been separated and that there is no likelihood of a resolution. But how can you do this if, for various reasons, you decide that you will both live under the same roof?

Reasons for Cohabitation

There are many reasons why two people in this situation should decide to stay in the same home. Perhaps the most important reason would be to safeguard the children and try and keep the impact of any separation as small as possible.

If times are challenging financially, it may be difficult for either of the parties to consider living elsewhere as, suddenly, they may have to find the available resources rather than, at least technically, splitting the cost between them. Further, it's not always easy to find another place in relatively short order or to ensure that the new home is as close as possible to work, school or other commitments. Again, the further away from a potentially separated home, the more difficult it might be for the children. As both parents would want to keep in close touch and be actively involved in their children's day-to-day lives, cohabitation may be better.

What the Law Says

Thankfully, the law understands these pressures, and it is definitely possible to get a divorce even though you may be classified as "separate but under one roof." The onus will be on you to prove to the court's satisfaction, and you should take certain actions to do this.

Separate Finances

To start off, segregate your finances. If you used to have a joint account in order to pay utility bills and other expenses, stop doing that and set up your own. Certainly, you can still contribute by making independent payments into a utility account instead.

Sleeping

You should definitely adopt different sleeping arrangements. If you have a spare room in the building, this can certainly make it easier.

Social Situations

Inform family and friends of the situation. You should also avoid going to social occasions together and if this is unavoidable, make it clear that you have not appeared as a couple, and do not mingle too much at the event. Don't post any photographs of you both together on social media so that you can avoid any possibility of doubt.

Affidavits

Before you come in front of the court, you will need to provide a sworn affidavit to say that you are separated and living under one roof. You may also need to provide a similar document from close friends or family to back up the situation.

Your Best Approach

To make sure that everything goes as smoothly as possible and without any confusion, talk with a family lawyer for their advice. They will help you put the documentation together to get through the process and carry on with your lives.