Navigating the challenge of separation from your spouse or partner can be an emotional and complex process. In some cases, this challenge is even more arduous when couples find themselves facing the difficult decision of living together while undergoing the process of separation. Commonly referred to as “separation under the one roof”, this situation can pose unique challenges and considerations for individuals seeking to part ways while having to continue sharing the same living space.
What is separation under the one roof?
Separation under the one roof refers to the scenario where a married or de facto couple decides to separate while continuing to reside together in the same household. This situation may arise for a number of reasons such as financial constraints, co-parenting arrangements, or more personal reasons.
It is important to understand that legally, the concept of separation does not solely depend on living arrangements. When it comes to determining whether a separation of a relationship has occurred, the Court considers factors such as a mutual agreement between the parties, the division of expenses/finances, the ceasing of sexual/romantic interactions and declarations to friends and family as all being relevant and indicative of a separation.
Under the Family Law Act 1975 (Cth), a separation can be considered to have occurred following the actions or conduct of only one of the parties, and the fact that the parties have continued to live together or even continued to assist each other in ‘household services’ does not preclude them from being considered as separated.
Financial Considerations
One of the significant challenges of separating under the one roof is managing finances. It is often necessary during this time to continue sharing financial responsibilities such as mortgage repayments, bills and daily expenses. Despite this, it is advisable to establish a clear financial arrangement to avoid conflict and ensure both parties are contributing fairly, much in the same way that housemates are required to.
The best arrangement for finances will depend on how amicable the relationship remains following separation. In some situations, it would be a good way to eliminate further causes of conflict by separating your finances into individual accounts and have an agreed contribution you each make to shared expenses.
Co-parenting arrangements
For couples with children, navigating co-parenting arrangements while living together can be particularly complex. It is essential to prioritise the well-being of the children and create a stable environment for them.
Developing a comprehensive parenting plan that outlines responsibilities, schedules, and decision-making processes can help minimise conflict and ensure the best interests of the children are met. If you are unsure of how to prepare a parenting plan, you should consult with a top family lawyer.
Managing Conflict
It is certainly more common than not that couples who are separated or in the process of separation, disagree with each other. When conflicts do arise, it is advisable to avoid entering into discussions while emotions are high as it likely will only further damage the relationship, and you will still need to live together at the end of the day. The benefit of engaging a top family lawyer becomes ever more important in these circumstances as a top family lawyer will help resolve the issue giving rise to the conflict while checking emotions at the door.
If, however, arguments ever become so heated that you begin to fear for your safety, always be sure to prioritise your own safety over the other pressures you may be experiencing which require you to continue living together. In those circumstances you should seek the advice of an top family lawyer.
In serious circumstances you should attempt to remove yourself from the situation and always call 000 provided it is safe to do so.
How does separation under the one roof affect divorce?
Couples who are separated under the one roof can still obtain a divorce. You will however need to provide additional evidence to show the Court that you were separated under the one roof.
Documentation and evidence are particularly important when separation becomes a contested issue, and having evidence of changed living arrangements, communication and other relevant factors are crucial. This is because there is a requirement of divorce in Australia that you and your partner must have been separated for at least one year before applying for the divorce. While in circumstances where one partner moves out, it is clear to the Court when the separation occurred, this is less clear when parties continued living together.
You will be required to file an affidavit (sworn statement) which sets out your own evidence that the separation occurred and on what basis you say supports there having been a separation.
You should seek advice from a top family lawyer when preparing your divorce application in these circumstances to ensure that you present to the Court all of the evidence that is needed for a smooth and quick divorce process.
Conclusion
Separation under the one roof is a challenging journey that requires careful consideration, open communication and usually, legal guidance. By understanding the different consideration that need to be made when separated under the one roof, you can continue to take active steps through the separation process with the ultimate goal of being able to move forward with your individual life.
To have us assist you in navigating the challenges and considerations raised here, contact us for a 15-minute no obligation consultation at (02) 8379 1892 or info@barkerevans.com.au.