The end of a marriage or relationship starts an endless battle of financial disagreements, emotional stress, and legal issues. In most divorce cases, couples always find an alternative place to live to mark a separation. However, not all couples are in a position to vacate the premises for reasons around the relationship. Therefore, they may have to cohabit while in separation. It can be challenging to prove in court that you live under one roof after separating from your partner. Here is a guide with details on how it can be proven in court that you are separated under one roof.
Defining ‘Separated Under One Roof’ According to Australian Law
Separation is a situation when married couples cease to live together. The date the involved parties stopped living inside the same house or home marks the separation date for most divorcing couples. However, certain situations still have couples staying together even after separating and may involve family lawyers in Adelaide.
Couples may live ‘separated under one roof’ for convenience or other reasons for the ending of a relationship. However, when the matter proceeds to court, there are specific areas to focus on to determine a couple’s separation. These include:
- The relationship’s financial aspects
- Nature of the household
- Social aspects of the relationship
- Existence of a sexual relationship
- Nature of commitment
Ways to Prove Separation under One Roof
When you present an affidavit in court, it must highlight the existing changes in the relationship to prove there is a separation. Jacqui law will present the separation details and whether you and your spouse are living together after ending your marriage.
These details should include the following:
1. Changes to Financial Aspect
- Separation of bank accounts.
- One or both parties are surrendering control of a joint bank account.
- One or both parties are changing beneficiaries for life insurance, will superannuation, or legal arrangements.
- Whether a renegotiation is initiated for shared loans.
2. Changes to the Nature of the Household
- Whether any of the parties are changing their sleeping arrangements.
- Whether involved parties are sharing bedrooms, bathrooms, and other living spaces.
- Whether the parties stop or reduce their involvement in house duties.
- Whether the separation interferes with childcare arrangements.
- Whether separating couples are shopping, cleaning or cooking for themselves only.
- One or both parties change their contacts instead of using the same addresses and telephone numbers.
3. Changes in the Relationship’s Social Aspects
- Knowledge of close friends and family about the relationship or marriage ending.
- Parties are invited to social events as partners or individually.
- Either of the parties not attending family or social events or rarely showing up.
- Either party fail to show up for birthdays or spend time in the holidays.
- Likelihood of anyone being in a romantic relationship with a different person during the separation.
4. Existence of a Sexual Relationship
Reduced or absence of intimacy or a sexual relationship Whether involved parties lack intimacy or sexual relations.
Required Documentation
An affidavit is required for a party to prove separation under one roof. The initiator of the separation can file an affidavit independently upon filing for a divorce. Friends, family and neighbours can also file affidavits as independent parties.
When both parties are filing for divorce, they must present separate affidavits. Family lawyers in Adelaide will follow up after that.
Family and divorce lawyers can easily take your case if you provide enough proof of separation under one roof. It simplifies the divorce process regardless of you two living under one roof. In addition, the lawyers will guide you on how the courts assess your case and the possible time limits.
