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It is possible to be separated but still live together in the same home.

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It’s called ‘separation under one roof’.

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When do you have to prove separation under one roof?

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To get a divorce, you have to show that your marriage is over.

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You prove this by showing you’ve been separated for at least a year and there’s no chance you’ll get back together.

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If you've lived in the same home for part or all of the 12 months immediately prior to applying for a divorce, there are extra things you need to do to prove you really have been separated.

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This issue is known as separation under one roof.

To prove you’re genuinely separated, you’ll need to give the court some extra information.

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This information needs to be set out in an affidavit and filed with the court together with your application for divorce.

Let’s look at how this information needs to be presented.

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Affidavits

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You’ll need to file at least 2 affidavits together with your application for divorce.

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An affidavit is a written statement and is a way of presenting evidence, or facts to the court.

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It should set out details of your separation under one roof.​

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You will need an affidavit by you. If you're doing a joint divorce, you'll need a second affidavit by your spouse (and sometimes the court will ask for a 3rd affidavit by someone independent).

 

If you're doing a sole divorce, you'll need to do an affidavit and the second affidavit should be from another person who is not your spouse, who can confirm what you’re saying.

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This is called corroborative evidence and it needs to be someone other than your spouse who is over 18. Someone like a friend, relative or neighbour.

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With a sole divorce, these extra affidavits will need to be served on your spouse, together with the divorce paperwork.

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Summary

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1. If you’ve been living in the same household for part or all of the 12 months prior to filing for divorce you’ll need to give the court some extra information to prove separation. 

2. This extra information is provided to the court in the form of affidavits.

3. If you're doing a sole divorce, the second affidavit needs to be from someone who knows about your separation and who can verify you've been separated whilst living under one roof.

4. If you’re doing a joint application for divorce, both you and your spouse should do affidavits, but you don’t need an affidavit by a third person unless the court asks for it.
    

Don’t let this process become overwhelming and don't waste hundreds, or even thousands on a lawyer. 

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If you need some help with your affidavits, check out our Separation Under One Roof Package.