Skip to content

Choose one of three locations

Adelaide
Ridgehaven
Smithfield

Separation

Separation

One of the basic principles of family law is that married couples must be separated for at least 12 months before they are able to apply for a divorce. Sometimes, there may be disagreements about when a couple actually separated, or if they had separated at all. It can help to understand some of the fundamentals about separation.

Separation occurs when a relationship between two people ends.  If you wish to apply for a divorce, Australian family law requires a 12 month separation period so that both parties can be sure that they are making the right decision.

Separation is also an opportunity to make plans for childcare and property division.  These considerations can be stressful and difficult to navigate when the emotions of the separation are still fresh.

What is separation under one roof?

Separation under one roof occurs when two people end their relationship but continue to live in the same home for any period of time, whether it be a couple of days, weeks, months or years following the date of separation.

If they apply for a divorce, they will need to provide the Family Court with evidence that they have been living separately. This is usually by affidavit, which is a written statement that is sworn by oath (or affirmation). Because it has been sworn or affirmed, it can be used as evidence. The affidavit might contain statements about:

  1. A change in sleeping arrangements.
  2. A reduction in shared activities or family outings.
  3. A decline in performing household duties for each other.
  4. Division of finances.
  5. Notification to family and friends of the separation.
  6. Anything else that shows the breakdown of the relationship.
  7. Notification to government agencies such as Centrelink or the Department of Human Services (Child Support Agency) about the separation.

You will also need to explain to the Court why you decided to remain living under the same roof.

Regardless of whether you’ve separated under one roof or living in separate properties, it’s really important to be clear about the date of separation. Make sure that you’ve written it down somewhere and, if possible, communicated the date to friends or loved ones. This is to avoid any issues down the track if you are applying for a divorce after 12 months.

Websters Lawyers has a highly experienced team of family lawyers who can assist you with all aspects of family law, including separation and divorce. Contact us today for a free initial consultation. We’re here to help.

Testimonials

"My overall experience with Websters Lawyers was one of great ease at a very difficult time in my life. [my solicitor] answered all my questions promptly and explained everything to me that I needed to know."

Sheryl, Glengowrie

"Making a will is fraught with problems and very emotional. [our solicitor] walked us through the process step by step, ensuring we got exactly the Will we wanted. Thankyou!"

John, Ridgehaven

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Angela, Hallett Cove

"Very professional and thorough"

Sylvia, Greenwith

"[my solicitor] spoke in easy terms for us to understand."

Peter, Klemzig

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Belinda, Smithfield

"Websters took an extremely stressful time for me and made me feel comfortable and confident. They achieved the best possible outscome for my situation and came in at a lower cvost than first estimated so I couldn’t be happier with the service, process or people. Thank you"

David, Smithfield

"I found Websters Lawyers to be accurate and forthcoming. Felt like I was important."

David, St Agnes

"Very satisfied – especially with my hearing problem. [my solicitor] and [her assistant] were very patient"

Patricia, Ingle Farm

"Happy with service received and fairly priced. [my solicitor] very approachable."

Devesh, Albert Park

"I was very happy with my lawyer. Keep doing what you do"

Jarrad, Elizabeth Vale

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Francesca, St Agnes

"The initial phone conversation was very informative and professionally conducted. [my solicitor] who arranged our wills clearly explained everything and was very professional. We were very satisfied"

Wendy, Wynn Vale

"I found [my solicitor] and the other staff at Websters Lawyers very professional. [my solicitor] handled the difficult subject of making a will by clearly explaining the steps and processes. The whole process was very efficient"

Joey, Kurralta Park

"Very professional legal service, good advice. I will continue to consult on future legal matters. I’m please to advise I have recommended two people to Websters Lawyers due to the service I received from [my solicitor]"

Veronica, Modbury Heights

"All our questions were answered. A very good experience. I will continue to use Websters and recommend your firm to my friends."

David, Gumeracha

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

Kevin, Findon

"Very happy with the overall outcome with Websters Lawyers"

Gary, Craigmore

"[my solicitor] was great, he kept me informed all the way through and provided great advice which resulted in a great outcome"

Fiona & Phil, St Agnes

"Websters Lawyers provided us with excellent support and legal advice every step of the way. Their expertise in legal matters is unmatchable. They were extremely professional and courteous. We really thank then for their excellent service"

Gary, Golden Grove

"We found the process of purchasing a new home stress free with the professionalism provided by [our solicitor] & Websters Lawyers."

Rob, Paralowie

"Lawyer was helpful, unhurried and explained complex matters in easy to understand language. Provided information and advice over and above what we required."

Gail, Greenwith

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

David, Gumeracha

"Lived up to their word."

Robert, Ridgehaven

"My solicitor was prompt and efficient at getting my claim completed J"

Marilyn & Stan, Lightsview

"Most helpful and all of my questions clearly answered and explained. Very courteous"

Peter, Hillbank

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Angela, Hallett Cove

"The service was impeccable"

Michael, Trott Park

"I contacted Websters Lawyers on the recommendation of a former colleague and found the level of service exceeded what I expected"

Belinda, Smithfield

"[my solicitor] was very clear and concise with all instructions. I was very happy with the outcome and pleased to have a professional represent me"

Richard, Wynn Vale

It doesn't cost you anything to know where you stand

Subpage form
What is the best time to call you? *
:
Scroll To Top