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Separation Under One Roof: Legal Separation While Living Together in Queensland

Separation is often associated with physical distance, but for many couples in Queensland, separation under one roof is a reality. Financial constraints, parenting responsibilities, or housing shortages can make it difficult for separated couples to live apart immediately.


Whether in Queensland or elsewhere in Australia, the legal framework acknowledges this by allowing couples to be considered separated even if they continue to share a residence.


This article explores the concept of separation under one roof, the legal implications, and what steps need to be taken to demonstrate separation while living together in Qld. 


What is Separation Under One Roof? 


Separation under one roof refers to a situation where a couple has ended their relationship but continues to live in the same home.


This can happen for various reasons, including financial limitations, childcare responsibilities, or the difficulty of finding alternative accommodation.


Despite sharing a residence, the couple considers their relationship to be over and no longer lives as a couple in the traditional sense. 


In Queensland, this form of separation is recognised under the Family Law Act 1975, which applies across Australia. The Act allows couples to apply for divorce or property settlements even if they remain in the same household, provided they can prove that the relationship has genuinely ended. 


How to Demonstrate Separation While Living Together in QLD

 

Proving separation under one roof can be complex, as the court requires evidence that the relationship has ended despite shared living arrangements. Some of the factors that may be considered include: 


Changes in Living Arrangements: 

  • Sleeping in separate bedrooms 

  • Lack of shared meals or household activities 

  • Separate financial arrangements, such as individual bank accounts and paying household bills separately 


Communication of Separation: 

  • One or both parties informing friends and family that the relationship has ended 

  • Clear communication between partners that the relationship is over 


Physical and Emotional Distancing: 

  • Absence of intimacy or affection 

  • Limited social activities as a couple 

  • Attending social events separately 


Household Responsibilities: 

  • A shift in the division of household chores such as doing your own washing and taking turns cleaning 

  • Separate purchasing of groceries and household items 


Legal and Financial Independence: 

  • Updating wills or insurance policies to reflect the separation 

  • Declaring separation to Centrelink or the Australian Taxation Office (ATO) if applicable 



Why Separation Under One Roof May Occur 


There are several reasons why couples may choose to remain living together after separation. Some common factors include: 


Financial Constraints

Housing costs in Queensland, particularly in metropolitan areas like Brisbane, can make it difficult for one party to move out immediately. The challenging rental market at the time of this article is also a reality.  


Parenting and Family Dynamics

Parents may choose to stay under one roof to maintain stability for their children, allowing them to remain in the same school or community. 


Property Settlement or Divorce Proceedings

In some cases, couples remain living together until property settlements are finalised or alternative living arrangements are secured. Sometimes it is a simpler matter to finalise a divorce than a complex property settlement. 


Emotional Adjustment & Wellbeing

Separation is a significant life change, and some couples may need time to adjust emotionally and practically before living apart.  


Legal Considerations and Implications 


Living together separated in QLD has legal implications, particularly when applying for divorce or negotiating property settlements. To apply for divorce, couples must demonstrate that they have been separated for at least 12 months.


It is important that the separation be continuous however the court does allow leeway for opportunity to reconcile. However, any period of reconciliation lasting more than 3 months will reset the 12 month requirement.  


If part of this separation occurred under one roof, the court may require an affidavit from both parties, outlining the nature of the separation and the circumstances that led to continued cohabitation.


Sometimes affidavits are also required from friends and family affirming the separation and the circumstances which demonstrate separation. Demonstrating continuous separation can require more detail when living under the same roof.  


Applying for Divorce While Living Together 


When applying for divorce in Queensland, couples living under one roof must follow specific procedures. The Family Court of Australia outlines the requirement for affidavits to verify that separation occurred despite living in the same household.


This ensures that the separation is genuine and not an attempt to circumvent legal requirements. A lawyer experienced in family law can guide you through this process, ensuring that all necessary documentation is completed accurately and thoroughly. 


Property Settlements and Parenting Agreements 


Legal separation while living together can also impact property settlements and parenting agreements. Courts consider the best interests of the children and the financial circumstances of each party.


Even if couples live under one roof, they can negotiate property division and parenting plans through mediation or legal channels. It is advisable to formalise these agreements to avoid potential disputes in the future.


A family lawyer can help draft legally binding documents to protect each party's rights and interests. A binding agreement will take the form of a ‘Binding Financial Agreement’ 


Challenges and Emotional Considerations 


While separation under one roof can offer practical benefits, it can also present emotional challenges. Sharing a living space with a former partner may lead to tension, conflict, or confusion about boundaries.


Clear communication and mutual respect are essential to navigating this period successfully. Seeking support from counsellors, mediators, or family lawyers can help couples manage the emotional and practical aspects of separation.


Those professionals can also be useful when helping evidence separation under one roof as they can provide supporting affidavits.  


Final Thoughts 


Separation under one roof is a recognised and often necessary arrangement for many couples, whether that be in Queensland or elsewhere in Australia.


By understanding the legal requirements and taking appropriate steps to demonstrate separation, couples can navigate this challenging period with greater clarity and confidence. 


If you are considering or currently experiencing separation under one roof, it is essential to seek professional legal advice.


Drakos & Company Solicitors can provide experienced guidance and support to help you manage the legal aspects of separation. Contact Drakos & Company Solicitors today to discuss your situation and explore your options. 

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