What’s required to be ‘separated under one roof’?

4 December 2018

It is a common misconception that separation occurs only once you start physically living separately. In fact, many couples spend at least a short period separated under the one roof. So, what is that?

Reasons for being separated but living under the one roof

There are many reasons why a separated couple may remain living together, including:

  • Financial – people often can’t afford to pay rent and/or mortgage repayments for two households;
  • Children – people may remain living under one roof to give children stability and to share the parenting responsibilities while other arrangements are sorted out;
  • Property – people may remain living together to keep an eye on the property, furniture and other items, or to ensure that items remain at the house until property settlement can be sorted;
  • Convenience – it is difficult and expensive to set up a second home, and homes are often close to schools, workplaces, hobbies and family, so it may be more convenient for couples to remain in the same property for a period.

Frequently, and particularly when couples are separated under one roof, people disagree on the date of separation. This can be a grey area, particularly if you are living together and the separation occurs over a period of time.

Generally, separation requires one party to communicate an intention to be separated, and then back that up by taking action. This action may include living in separate bedrooms, telling family and friends, and otherwise living separate lives.

Applying for a divorce

The date of separation is relevant for a divorce application, as you need to be separated for a period of at least 12 months before you can apply for a divorce. If part of that 12 month period includes a period of living separated under one roof, the court requires parties to provide a supporting affidavit (i.e. extra evidence) to confirm they were separated during that time. This may also include supporting evidence from third parties e.g. friends or family, backing up the date of separation.

The date of separation may also become relevant to property settlement matters, and particularly where property or assets have been acquired or disposed of close to separation. This can become very complex, and the value of items is always at the time the property settlement is finalised, and you should obtain legal advice about these matters specific to your circumstances.

You are not alone

Separation is a difficult time for people, and it can be even more emotionally draining and stressful to continue to live under one roof after separation. If you are separated or thinking about separation, it is important to obtain legal advice early on to weigh up the options and ensure you are informed about your rights. Your solicitor can also talk about some of the practical things you should consider, and what options there are in terms of moving out or the other party moving out of the home.

We offer a no obligation, fixed fee initial consultation where a solicitor can talk with you about separation, and steps moving forward. Call us on (07) 3221 4300.

2019-04-23T14:44:41+10:00

Client Testimonials

I was always confident that I was getting the very best advice.

T.S., Flinders
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield
Your newsletters are great, I appreciate them.
K.B., Carina
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane
Your team is professional, warm, friendly and real.
N.R., Crows Nest
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill

You, guys, provide extraordinary service.

A.O., North Brisbane
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside