Separation does not always mean living in separate homes. Many couples separate but continue living under the same roof for financial, parenting, or practical reasons. Australian family law recognises this — but it does require extra care.
This situation is commonly called “separation under one roof”. It can still count for divorce purposes, but you may need to provide additional evidence to show that the relationship has genuinely ended.
What separation under one roof means
Separation under one roof occurs when a couple has ended their relationship but continues living in the same home. The key issue is not where you live, but whether the relationship has ended in practice.
The Court looks at the reality of the relationship — not just labels or intentions. The question is whether you have separated, even though you share an address.
Why couples remain living together after separation
- Financial constraints or shared mortgage obligations
- Children and a desire to minimise disruption
- Difficulty finding alternative accommodation
- Short-term arrangements while longer-term plans are made
- Safety planning or a gradual transition to separate living
These reasons are common and understandable. Living together after separation does not automatically prevent a divorce application.
How the Court assesses separation under one roof
When separation under one roof is claimed, the Court often requires extra evidence to confirm the separation. This is because shared living can blur the picture.
Factors commonly considered include:
- Changes to sleeping arrangements
- Reduction or cessation of shared social activities as a couple
- Changes to household tasks and domestic routines
- How finances were handled (joint vs separate spending and accounts)
- Whether family and friends were informed of the separation
- Changes to communication, intimacy, and mutual support
Evidence commonly used to support separation under one roof
In many divorce applications involving separation under one roof, affidavits are required. Affidavits are sworn statements that set out the circumstances of the separation and what changed afterward.
Evidence may come from:
- You (the applicant)
- Your former partner (especially in a joint application)
- An independent third party (friend, family member, or professional) who can confirm the separation
Affidavits typically explain when and how separation occurred, why you continued living in the same home, and the practical changes that show the relationship ended.
Practical indicators that often help
- Separate bedrooms or clear changes to living arrangements
- Separate finances or clear boundaries around expenses
- Separate cooking/laundry routines (where applicable)
- Telling friends/family that you separated (and when)
- Emails/messages that confirm separation discussions and timing
Common mistakes people make
- Assuming separation is automatically accepted without evidence
- Providing vague or inconsistent separation dates
- Continuing to present publicly as a couple
- Not telling anyone outside the household about the separation
- Leaving affidavit preparation until the last minute
These issues do not mean divorce is impossible — but they can cause delays or require further evidence.
Frequently asked questions
Do we have to sleep in separate bedrooms to prove separation?
Not necessarily, but changes to sleeping arrangements can be one factor the Court considers. What matters is the overall reality of the relationship and whether it ended in practice.
Can we still attend events together for the children?
Sometimes, yes — especially where it’s genuinely child-focused. However, continuing to present publicly as a couple can create confusion, so it helps to keep boundaries clear and be consistent about the separation.
Will separation under one roof delay the divorce?
It can if supporting evidence is not prepared clearly. If affidavits and details are organised upfront, many applications still proceed smoothly.
How this fits into the divorce timeline
Separation under one roof can still count toward the required 12 months and one day of separation needed for divorce.
For the broader divorce process, start here:
If you’re planning around timing, see: