Separation under one roof (a 30 second read)

We are aware of many (amicable) separations during this extremely difficult year for communities across Australia.

Parties to a separated couple may have elected to live under one roof. In those circumstances it’s a good idea to keep note of when separation has occurred because this will be relevant to any consent orders or agreement on property division down the track.

Donald Trump with arm around Melania in the Oval Office from behind
Separating under one roof is difficult. Photo courtesy The White House.

In determining when separation occurred, the Family Court (as well as Centrelink) will consider your financial and domestic arrangements, the reasons for living under one roof, social aspects of the relationship, nature of commitment and the presence of a sexual relationship, re-partnering and any other relevant factors.

Proving separation under one roof may also become relevant when applying for a divorce order and property settlement, and even a Single Parent Benefit through Centrelink. The date of separation will determine the parties’ eligibility to entitlements or benefits under those areas.

A court may also refuse to grant a divorce or make property settlement orders if the parties fail to tender satisfactory evidence that they are indeed separated.

If you have questions about the law of relationships, give our family law team a call or send them an email at