Separation Under One Roof

Separation happens when you and your partner stop living together in a domestic or marriage-like relationship. Separation can occur when one person in the relationship decides to separate and communicates that decision to the other person. The other person does not have to agree. There are no legal requirements to register your separation.

What is separation under the one roof?

Separation under one roof is a situation where both parties of the relationship separate and leads separate lives but continue to live in the same home. It may be for a few days, weeks, months, or years following separation.

There is a requirement for both parties to be separated for a period of 12 months prior to being able to make an application for a divorce. This does not mean that it is a requirement for parties to live apart after they have decided to separate.

Separation under the one roof involves eating and sleeping separately from your ex-partner, and not performing any domestic duties, such as washing and cleaning for him or her. Merely sleeping in a different room will not be enough to prove that both parties are separated.

If both parties lived in the same home during part or all of the required 12 months separation period, both parties will require to provide extra information to the Court before they can apply for a divorce.

Parties will then be required to explain any of the following circumstances to prove that they have satisfied the 12 months separation period:

• change in sleeping arrangements
• reduction in shared activities or family outings
• decline in performing household duties for each other
• division of finances; for example, separate bank accounts, and
• any other matters that show the marriage has broken down; for example, if either party has notified their family and friends of their separation.

The Court will determine each application based on each individual circumstances. Therefore, it is in the parties’ best interest to seek advice if they are unsure whether they have satisfied the 12 months separation period requirement.

If you would like to file a Divorce Application or find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.