It is increasingly common for couples to continue living together after separation.  But can they get divorced?

To grant a Divorce Order, the Court must be satisfied that their marriage has broken down irretrievably and that the parties have lived separately and apart for a continuous period of not less than 12 months. 

It is increasingly common for couples to continue living together after separation. Those couples are not precluded from making an Application for Divorce; however, they are required to provide the Court with information as to how they have lived separately whilst remaining under the one roof.

This information is provided to the Court by preparing and filing an Affidavit of the party themselves as well as an Affidavit of a witness (such as a family member or friend) to corroborate the separation. This evidence should address the circumstances of the separation, and the parties’ behaviour, including any changes to their financial arrangements, how they now live independently whilst residing in the same house and if they no longer socialize together.

Therefore, continuing to live with your separated spouse is not a barrier to pursuing an Application for Divorce. If you have found yourself in this situation and would like some further information and support, please contact our experienced team of Accredited Family Law Specialists on 03 9840 0035.

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