Can You Be Separated And Live In The Same House?

Living in the same house

You can be separated from your spouse even if you are living in the same house. There is no legal or official document to complete to say you and your spouse are separated.

The court will look at several factors to prove that you and your spouse are validly separated if you live under the same roof.

These include whether you and your spouse have:

  • Stopped wearing your wedding rings
  • Ceased intimate and sexual activity
  • Separated bank accounts and finances
  • No longer attend social activities together
  • Act in a way so that it is obvious to family, friends, employers, neighbours, coworkers and outsiders otherwise that the relationship is over
  • Live in separate bedrooms
  • Do not engage in shared social activities within the home such as watching television together or hosting friends together
  • Do not perform household services for one another such as prepare meals, wash clothes, etc 
Divorce
How To Get A Divorce?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change My Will After Divorce?
Child Custody
What are the best interests of the child?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Children Travelling Overseas?
What is Supervised Contact?
Child Passport After Divorce
Grandparents Rights
Property Settlement
Divorce Property Settlement – How Much Will I Get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
What Are The Pros and Cons of Financial Agreements?
How Can I Get A Prenup Set Aside?
Consent Orders
Why do I need Family Court Consent Orders?
Application for Consent Orders
Contravention of Court Orders
Child Support
What is Child Support?
Apply for Child Support
Child Support Calculation
Changing Child Support
Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
Starting An Application
Filing A Response
Separation
Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
Mothers' Rights After Separation
De Facto Relationships
Definition of De Facto Relationship
Reviews