Separated but still living together – what do I need to know?
Deciding to separate from your spouse or partner is an emotional decision, and deciding where you are going to live is an added layer of stress.
With the current rental crisis, many couples are choosing to separate but remain under the one roof – this could be for a short time of only a few months, or even longer.
Some couples may decide to continue living together for the sake of their children, or until their family home is sold, or until their property settlement is finalised.
There are several issues to consider when it comes to separating, while remaining under the same roof.
Before filing for divorce, you must have been separated from your partner for one year. You must be able to prove you have been separated for that period, even if you’re still living together.
Evidence that you are separated could include:
- Sleeping in separate bedrooms
- You haven’t cooked or cleaned for each other
- You have not attended social functions together
- You have told family and friends of your separation
You will also need to keep track of all relevant changes to your life to prove to the court that you have separated. The Federal Circuit and Family Court of Australia will consider changes in your finances, holiday arrangements, and social activities to determine if you have remained separated despite living under one roof.
If you receive any Centrelink payments, it’s vital that you inform the department of your new circumstances.
The rates that Centrelink pay could change depending on whether you’re single, or part of a couple. If your situation has changed, but you have not alerted Centrelink, you might be breaking the law.
Centrelink will look at several factors including:
- Are you providing financial support to one another — i.e. repaying each other’s loans?
- Are you claiming to be partners for taxation, insurance, or for other reasons?
- Do you jointly own major assets?
- Are you nominated as a beneficiary in each other’s will, insurance policy?
- Do you share a bank account?
- Do you share a bedroom?
- How are household chores shared?
- Are there common living areas?
- Do you still have a sexual relationship?
- How do you present to the community?
- Do you present as a couple at social or leisure events and activities?
- Do friends and family perceive you to be a couple?
Regardless of how long you choose to remain living under the one roof, it’s vital that you both seek legal advice.
You will need a lawyer to help you finalise a property settlement, deal with any child custody arrangements, and file your divorce papers with the court.
The family law experts at Michael Lynch Family Law understand that this is a difficult time for you, and we’re here to help you with every aspect of your separation and divorce.
To make an appointment, phone our office on: (07) 3221 4300 or email: [email protected]
