Separated under one roof: what does it actually mean?
By: Jesil Cajes, Principal Solicitor, Cajes Law
Yes, you can still be considered separated even if you continue living in the same home. In Australia, this is called separation under one roof. The Court recognises that some couples remain at the same address after separation for financial, parenting, housing, or practical reasons.
But simply saying “we were separated” is not enough. If part or all of the 12-month separation period happened while you were still living together, the Court usually needs extra evidence. The Federal Circuit and Family Court of Australia has a specific fact sheet dealing with separation under one roof and what documents need to be filed.
In plain terms, the Court wants to see that the relationship really ended, even though you stayed in the same house. That can include evidence that you stopped living as a couple, such as sleeping separately, no longer sharing a social life, separating finances, telling family and friends that you had separated, or changing domestic arrangements. The Court’s fact sheet explains that further evidence is required in these situations.
This issue comes up a lot in real life. Some people stay in the same home because they cannot afford to move out straight away. Others stay because of children, lease obligations, or temporary arrangements. Australian law understands that separation is about the end of the marital relationship — not just about living at different addresses.
If you file for divorce and part of the separation happened under one roof, you may need affidavits explaining the situation. The Court’s online divorce guidance specifically refers applicants to the separation under one roof material where this issue applies.
Common mistake: thinking that staying in the same house resets the separation clock. It does not automatically do that. The real question is whether there was a genuine separation and no reasonable likelihood of resuming married life.
At Cajes Law, we assist clients with separation under one roof matters, including divorce applications and supporting affidavits.
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Cajes Law acknowledges the Traditional Owners of Country throughout Australia and recognises the continuing connection to lands, waters and communities. We pay our respect to Aboriginal and Torres Strait Islander cultures; and to Elders past and present.