Considering Divorce While Living Together

Divorce Law in Canberra

Several couples continue to live in the same home after they have decided to separate. The reasons can be varied – they may not be able to afford separate homes or not know how to explain the situation to their children. People in a similar situation may have several questions about divorce and their rights. Here, we try to answer some of the more common queries we see:

Under the Divorce Law, Can We File for Divorce While Living Under One Roof?

In Australia, a married couple may apply for divorce after having been separated for at least a year. During separation, a couple may be living within the same home for the entire year or a part of the year. Consulting a divorce lawyer Canberra is recommended if you have questions regarding how to proceed with a divorce. 

If we are living within the same home, how can we get a divorce as per the divorce law in Canberra?

A couple that has been living separately for at least 12 months may apply for a divorce. A couple living under the same roof will be required to file affidavits along with an application for divorce. One of the affidavits is to help prove that the couple no longer behaves as married couple do. As per divorce law, they need to prove:

  • Both parties no longer share the same bed
  • Both parties no longer share activities or attend family gatherings
  • The parties no longer share finances
  • The parties do not perform household duties such as cooking for each other
  • Other matters proving that the marital bond has broken down and may not be mended

A second affidavit by a friend or family member is required to prove that the couple has decided to separate and have been living separate lives. Therefore, divorce lawyers should be consulted to ensure that all documentation required has been sufficiently provided.

According to Canberra divorce law, Will Affidavits Be Required if Both Parties Apply for a Divorce?

Even though both parties apply for a divorce, if they have been living together for a portion of or the entire 12-month separation period, they must provide affidavits to prove that they have separated. However, in such a situation, the parties will no longer need an affidavit of a family member or friend to prove their separation. Divorce lawyers will be able to assist in preparing the required documentation.

Filing for a divorce can be complicated. Assistance from experienced divorce law experts in Canberra can make the process a lot smoother for anyone considering divorce.

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