09/06/2026
Separation under one roof is more common than many people realise, and yes, you can still apply for divorce while living in the same home.
Under Australian family law, couples can be considered legally separated even if they continue sharing a residence for financial, parenting, or practical reasons. However, the Court requires clear evidence that the relationship has genuinely ended.
This can include:
• Separate finances and bank accounts
• Sleeping in separate rooms
• Reduced shared domestic duties and social activities
• No longer presenting publicly as a couple
• Informing family, friends, and government agencies of the separation
Importantly, you must still satisfy the 12 months and 1 day separation requirement before filing for divorce. If you remained under one roof during that period, the Court will usually require affidavits from both parties and an independent witness confirming the separation.
The Court also places significant weight on financial separation, particularly where Centrelink, Child Support, or shared expenses are involved. Clear documentation and consistency across your records can help avoid delays or further scrutiny. If you'd like to learn more about this, read our latest article on gpla.com.au
If you’re navigating separation under one roof, getting legal advice early can make the divorce process smoother and help ensure the correct evidence is prepared from the outset.
Contact our experienced team on 07 5444 1022
