Going through a breakup is undoubtedly an emotionally challenging experience, especially when financial and parenting disagreements come into play. The situation becomes even more complicated when separated individuals continue living under the same roof without a clear agreement or plan for the future.
In such uncertain circumstances, fear of the unknown can heighten emotions, making it difficult for both parties to approach the situation with open minds and find compromises. We recognise and understand the complexities that arise with separation under one roof. Our goal with this article is to shed light on the financial and legal aspects that may come into play during this situation.
So what exactly is ‘separation under one roof’?
Being separated but living under one roof occurs when a relationship ends, but both parties continue to reside in the same home. If you are in this situation and considering applying for a divorce, there are some crucial factors to consider.
In Australia, you can still qualify for a divorce (or de facto separation) even if some or all of your separation period occurred while living together. However, presenting compelling evidence demonstrating the duration of your separated living arrangements will be crucial in convincing both the court and lawyers that you are living separate lives. This can include changes in finances, living arrangements, responsibilities, and communication.
When two individuals separate but choose to cohabit in the same home, questions regarding property division and financial matters naturally arise. Determining ownership of specific items before separation can be challenging without a clear plan in place. To help facilitate smoother proceedings in this regard, our team can assist you by drafting an affidavit highlighting how your relationship status has changed due to separation.
Parenting while separated under one roof
For separated parents who continue living together under one roof, matters become even more complex for some couples. It will depend on how harmonious the relationship is, how old the children are and how they see the situation.
Children often have a keen sense of changes within their home environment, which can lead to added stress for them as well as their parents. However, it is possible for both parents to successfully co-parent and create a stable and nurturing environment for their children by working together.
By understanding the legal implications and seeking appropriate legal support, individuals can navigate these complexities with greater ease. We are here to help resolve disputes related to property division, financial matters, parenting arrangements, and anything else that may arise during a period of separation under one roof.
Divorce applications while separated under one roof
When both parties have an Affidavit supporting the divorce application, there may be no need to attend court. However, if there are children under 18 years old involved, attending court may be required for custody and parenting arrangements. If you are considering a divorce while living under the same roof, seeking guidance from experienced family lawyers is highly recommended. They can help you navigate the legal complexities and ensure that all relevant details are accurately presented before the court.
