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NSW Divorce - Are We Considered Separated Under the Same Roof?

Discussion in 'Family Law Forum' started by AJayne, 20 June 2016.

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  1. AJayne

    AJayne Member

    20 June 2016
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    Three years ago, I began to sleep in another room. Overtime, it has become a full-fledged bedroom and I've moved most of my effects into it. However, my husband and I attended marriage regularly for the first year and then sporadically until last March. In March, he said he wanted to separate after which I began staying at an apartment on the weekends. We both changed out Facebook statuses to separated as well.

    In April, he said he wanted to try and reconcile. We began to go out together again and resumed a sexual relationship. Our sexual relationship had been sporadic over the last three years as well. Also, I have continued to shop, cook and take meals with my husband on most days for these past three years. I also do the cleaning. I do not do his wash, though.

    Last week, I discovered that he is still seeing escorts and I am now resigned to a divorce. I would like to know whether or not the family court would consider us having been separated and if not, what steps should I take to assure that we are indeed legally separated under one roof?

    Thank you
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi AJayne,

    Separated spouses may resume their marital relationship after the separation has commenced, and continue to live as husband and wife for one period of up to three months without having to start the whole separation period again. The separation period resumes if and when the parties separate again. Isolated acts of sexual intercourse do not break the separation period.

    If you wish to prove separation under one roof, you will need to submit an affidavit explaining
    • changes in sleeping arrangements
    • reduction in shared activities or family outings
    • decline in performing household duties for each other
    • division of finances; for example, separate bank accounts, and
    • any other matters that show the marriage has broken down; for example, if you have notified family and friends of your separation.
    Your must also explain:
    • Why you continued to live in the same home following separation and what intention, if any, you have of changing the situation.
    • Living arrangements you made for any child of the marriage under 18 years during the time you were living under one roof.
    • What government departments you have advised of your separation if you receive a government benefit; for example, Centrelink or the Department of Human Services. If correspondence has been received from these departments about your separation, you should attach a copy to the affidavit.
    Check out this fact sheet:

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