Family law
Can You Be Separated While Living Under One Roof?
Yes. Spouses can be separated even though they continue living in the same home. If any part of the 12 months immediately before a divorce application involved living under one roof, the Federal Circuit and Family Court of Australia requires additional evidence explaining the separation and changed marital relationship.
Key points
- Living at the same address does not prevent separation.
- Divorce requires at least 12 months and one day of separation.
- Extra affidavit evidence is required when separation under one roof falls within the relevant 12-month period.
- The evidence should describe actual changes, not merely state a separation date.
- Divorce does not itself resolve property, parenting or financial matters.
What does separation under one roof mean?
The Court describes it as spouses separating but continuing to live in the same home for days, months or years. People may remain because of finances, children, housing constraints, health or practical arrangements.
Separation involves more than sleeping in different rooms. The evidence should show that at least one spouse formed and communicated an intention to end the marital relationship and that conduct was consistent with separation.
What evidence may be relevant?
The Court’s guidance identifies matters such as:
- changed sleeping arrangements;
- reduced shared activities or family outings;
- reduced household services performed for each other;
- separation of finances;
- telling family or friends about the separation;
- why the parties remained at the same address;
- arrangements for children under 18; and
- notifications to government agencies where relevant.
No single item is necessarily decisive. The affidavit should give specific facts, dates and examples and explain apparent inconsistencies.
Who provides an affidavit?
For a sole divorce application, the applicant must file an affidavit and should also file evidence from an independent person such as a relative, friend or neighbour. For a joint application, each spouse generally files a separate affidavit; the Court’s fact sheet explains when independent evidence should also be used.
An affidavit is sworn or affirmed evidence. It should be accurate, based on the witness’s knowledge and properly witnessed.
Hypothetical example
A couple ended their relationship in January but remained in the home until September to complete a lease and care for their children. Their affidavits could explain when the decision was communicated, separate bedrooms and finances, changed social arrangements, parenting routines and why some shared household tasks continued.
Will a court hearing be required?
The Court’s current guidance states that a sole applicant must attend where there is a child of the marriage under 18. In other cases, properly filed evidence may avoid attendance, but the Court can require more information or adjourn the matter.
Prepare before filing
Create a clear chronology and gather relevant records, including addresses, financial arrangements, government correspondence and details of an independent witness. Do not manufacture separation evidence or alter records.
Obtain advice about the complete family-law position
Divorce is separate from property settlement, parenting and support. Time limits may follow divorce. Book a confidential family-law consultation.
Sources checked
First drafted: 21 July 2026. General information only. Family-law evidence and procedure depend on individual circumstances.