In order to obtain a divorce, you generally need to satisfy the Court that your ex-partner and you have lived separately and apart for at least 12 months.
However, you may separate and continue to live in the same house as your ex-partner, being “separated under one roof”. In those circumstances you need to provide additional information to the Court.
If you are filing an Application for Divorce in those circumstances you need to prepare an Affidavit and also provide one from an independent third party. If you are filing a joint application with your ex-partner, both of you are required to prepare Affidavits.
Your Affidavits need to prove to the Court that there have been certain changes in the relationship, gradual or sudden, demonstrating that you have separated.
For example your evidence might show that:
(a) you do not sleep together;
(b) you do not participate in shared family activities or outings as a couple;
(c) there has been a reduction in performing household duties for each other;
(d) you have separate financial arrangements and separate bank accounts; and
(e) you have informed your friends and families about your separation.
It is advisable to seek legal advice before applying for a Divorce and to have a lawyer assist with the preparation of your Affidavits because if the Court is not satisfied with your evidence a divorce will not be granted. Our Family Law Team can help you during this very difficult time, please do not hesitate to contact us at firstname.lastname@example.org or 9525 8688.