Separation under one roof
When you make an application to the Federal Circuit Court for a divorce, you must satisfy the Court that you and your spouse have lived separately and apart for at least 12 months and that there is no reasonable likelihood of resuming life as husband and wife.
You may apply for a divorce even if you and your spouse had separated but lived in the same house for some or all of the 12 month period. This is called “separation under one roof”. If you were separated under one roof, you must demonstrate to the Court, by way of an Affidavit (your statement of evidence), why you and your spouse have decided to separate under one roof and that there was a change in the marriage evidencing your separation, such as:
- You and your spouse slept in separate bedrooms following the separation;
- You and your spouse ceased to do household chores for each other like the laundry and cooking;
- You and your spouse separated your finances, for example, you each opened your own separate bank accounts (and re-directed your income);
- You and your spouse may have told friends and family that you have separated. In this case an Affidavit from a friend or family member to corroborate the separation would be helpful;
- If you have children, you may have stopped spending time together as a family.
If the Court is not satisfied with your Affidavit they may adjourn the hearing of your Application or dismiss your Application.
Contact us at (03) 9555 7233 or at firstname.lastname@example.org to speak to our lawyers who will be able to advise you on the divorce application and the drafting of the affidavit.
This article provides information that is general in nature and is not a substitute for legal advice.