Separated Under One Roof

Separated Under One Roof: What You Need to Know

In Australia, separation doesn't always mean one person packs their bags and leaves. While some couples move into separate homes, many choose or need to keep living together after their relationship has ended. This arrangement is known as being separated under one roof, and it's more common than you might think.

What Is Separated Under One Roof?

"Separated under one roof" refers to couples who have permanently ended their relationship but continue to live in the same home. The reasons vary widely: the cost of maintaining two households, minimising disruption for children, waiting on a property sale, or a lease that isn't up for renewal yet. Whatever the reason, living together after separation is a legitimate and recognised situation under Australian family law.

Importantly, being separated under one roof does not prevent you from taking steps to formalise your separation. You can still pursue property settlement, parenting orders, or divorce.

Divorce and Separated Under One Roof

To apply for divorce in Australia, you must have been separated for at least 12 months and time spent separated under one roof counts toward this period. However, because you're still sharing a home, you'll need to provide the court with evidence that your marriage has genuinely and irretrievably broken down. In the Federal Circuit and Family Court of Australia (FCFCOA), both you and your spouse must each file a supporting affidavit alongside your divorce application. Your affidavit should explain changes that demonstrate the relationship has ended, such as:

• Changes to sleeping arrangements
• A reduction in shared activities or family outings
• No longer performing household duties for each other
• Separating finances (e.g. opening separate bank accounts)
• Notifying family, friends, or relevant government agencies (such as Centrelink or Services Australia) of your separation

You should also explain why you continued living together and describe any arrangements made for children under 18. For more information, visit the FCFCOA website.

In the Family Court of Western Australia, the person applying for divorce (or both people in a joint application) must file a supporting affidavit, along with a separate affidavit from an independent person such as a family member, friend, or neighbour who has knowledge of the separation. Each person should be prepared to attend the divorce hearing. For more information, visit Legal Aid WA.

Separated Under One Roof and Property Settlements

Being separated under one roof doesn't delay property settlements, you can begin the process at any time once you have separated. If you and your former partner are amicable, you may be able to submit a joint Application for Consent Orders, which the court can approve to make your agreement legally binding. For more information on Applications for Consent Orders, you can read our blog Applications for Consent Orders After Separation: What Are They and How amica Can Help.

How amica Can Help

If you're separated under one roof and able to work amicably with your former partner, amica is worth exploring. amica is a guided online tool that helps separating couples resolve property, financial, and parenting matters without the need for costly legal proceedings.

Using artificial intelligence, amica can suggest a percentage split based on factors like the length of your relationship, financial and non-financial contributions, income and earning capacity, future needs, and care arrangements for children. For eligible users, it can also assist with preparing an application for consent orders (including superannuation splitting orders) to lodge with the relevant Family Court.

To find out whether amica is right for your situation, visit the amica website and complete the eligibility questions.

This blog post provides general information only and does not constitute legal advice. If you have questions specific to your situation, we recommend speaking with a family lawyer. You can also contact a free legal advice service in your state or territory. Details can be found on our Help and Support Help and Support page.