Can I obtain a divorce if I lived with my spouse after we separated?

Many couples continue to live together after separation, often for the benefit of the children or for financial reasons.

You can still apply for a divorce if you have separated for more than 12 months but remained living together under one roof (either for all or part of that time. You will need to provide the Court with additional information by way of an Affidavit when filing your Application for Divorce. 

If making a sole application, you and another family member or friend will need to file an Affidavit. If making a joint application, both you and your spouse will need to file an Affidavit.

What needs to be included in the Affidavit?

Your Affidavit will need to set out evidence that you have separated even while living under the same roof by setting out the changes to your marriage after the date of separation. For example you will need to set out the following information-

•  You are no longer sleeping in the same bed / room; 
•  You no longer attend family functions together; 
•  You no longer cook for the other person or share household duties; 
•  You have divided or separated your finances (specifically with regard to income and paying bills); 
•  You have told your family and friends about the separation.

Your Affidavit will also need to explain the following:

•  The reasons why you continued to live under the same roof after separation; 
•  The living arrangements for any children under 18 who live with you; 
•  When Government departments were notified of the separation such as Centrelink and/or child support and provide any correspondence confirming this as an annexure to your Affidavit.

Please do not hesitate to contact us on (08) 8312 4800 if you have any further questions.