SEPARATED - BUT WE STILL LIVE UNDER THE SAME ROOF
Posted on 23 November 2022
Separated - But we still live under the same roof!
One of the hardest parts of separating is working out where you are going to live after separation, especially given the local rental crisis we have been experiencing for the last few years.
A common trend given the recent rental crisis is for parties to be separated but living under one roof, this is where parties to a marriage (or de facto relationship) separate however continue to live in the same home, for what can be short-term or long term (even up to several years).
Couples may stay under the one roof for a number of reasons, often this is the case for the sake of the children, or not being able to find suitable accommodation until the family home sells, or often the case is parties are waiting to finalise their property settlement as paying the mortgage while also paying rent is an expense many can’t afford. What ever the reason, the courts acknowledge separated but living under the one roof may be a relevant factor.
How does this affect de facto couples?
Time Limitations
One of the biggest impacts for ex de facto couples being separated but living under the same roof is the time limitation they have to apply to the Federal Circuit and Family Court of Australia for a property settlement. The time limitation is two (2) years from the date of separation. If you have separated from your spouse and are still living under the same roof, you need to make sure you are aware of the date on which you have to finalise your property settlement. If you remain living together, thinking you will finalise the property settlement when you move out or stop living together, it may be too late. Make sure you get legal advice early so you don’t miss the time for applying for a property settlement in the event you both can’t agree on what the settlement should look like.
How does this affect married couples?
Divorce
When you file for divorce, the court will want to know your date of separation as you need to have been separated for at least one (1) year and one (1) day before you can make an application for a divorce. When filing for divorce you can have been separated and living under the same roof, and It is therefore important to document your final date of separation. If you are separated and have been living under the same roof, you will also need to provide the court with evidence that you have let your partner know of your intention to be separated. Vacating the bedroom that you previously shared as well as letting friends and family know of the separation are all relevant to establishing the date of separation. Other considerations the court will look at are whether there have been changes to your finances, social activities, and holidays.
Have you separated from your partner though you remain living together? Do you want to know what options you have to finalise your family law matter? Get in contact with the experienced family lawyers at Omnia Legal to discuss what may be relevant to your particular circumstances.
This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.