What if some of the time we were separated was spent under the same roof?

Family Law

What if some of the time we were separated was spent under the same roof?

If both parties to the marriage lived in the same house during part or all the required twelve months separation period prior to applying for a divorce order, it will be necessary to provide extra information to the Court by way of an Affidavit or Affidavits with the application for divorce order.  An Affidavit is a written statement with special witnessing requirements.   We can help you prepare these Affidavits.

In addition to your own Affidavit, you will need corroborative evidence from an independent party or parties by way of Affidavit (if it is a joint application both parties to the marriage must file an Affidavit each).  The independent party or parties for instance could be a family member, friend or neighbour. 

For information to be included in the Affidavits, you can see one of our divorce lawyers.  


What if my spouse and I resume living together after we have separated?  What is the effect of resumption of cohabitation after we have separated?

If after you and your spouse have separated, you resume cohabitation on one occasion, but within a period of three months after resumption of cohabitation you again separate and from then on live separately and apart, the before and after the period of ”resumed” cohabitation may be added together as if they were one continuous period. 

The period of “resumed” cohabitation after initial separation is not be included as part of the period of living separately and apart.


Does one party need to be at fault?

No, the divorce process under the Family Law Act 1975 (Cth) is a no fault system.  The marriage may be at an end and the parties deemed to be separated notwithstanding the cohabitation was brought to an end as a result of the action or conduct of only one of the parties (if not both).

At McNabs we are well placed to assist you in any queries that you might have in this area. We understand that these matters can be stressful for you and your family. We can guide you through the process to help make it as trouble free as possible.

We can help

We will respond within the next business day. You can also call 03 9670 9691.

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