Living Under One Roof and Divorce

Did you know that you can still apply for a Divorce if you have been living under the one roof with your Husband or Wife since separation? Lots of couples continue to live under one roof after separation for many reasons, including for the benefit of the children or for financial and practical reasons. This is called separation under one roof.

To apply to the Family Court of Western Australia for a Divorce you must have been separated for twelve months, however this could have occurred whilst you were still living together. To apply for a Divorce after the 12 month period of separation, and if separation occurred under one roof, you will just need to file some extra documentation at the time of applying for your Divorce.   You will need to support your Divorce Application with an Affidavit (a written statement) by yourself, your Husband or Wife will need to file one as well and an independent third party/witness such as a family friend, family member or neighbour. The Affidavit by the independent person should contain as much information as they can recall about your separation and what they have observed, for example socialising separately.

In the affidavit you prepare to support your separation under one roof, you will need to prove and detail a number of things, such as the change in sleeping arrangements, a reduction in shared activities and social outings together, a decline in performing household chores and duties together, a division in financial arrangements and accounts and any other matter to show that the marriage has broken down, for example that you notified your family.

Your Divorce will then proceed along the normal manner in the Family Court of Western Australia, if you do not have children under 18 you may not even have to attend Court for the short Hearing.

The process is fairly easy, so please do not hesitate to contact Leach Legal to assist you with your Divorce.

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