What is Separation Under the One Roof?
To apply for a divorce a couple must be separated for 12 months. Separation can be physical separation or a separation under one roof.
Separation under one roof is when a couple separate but continue to live in the same home. It may be for a few days, weeks, months or years following separation.
If you and your spouse lived in the same home during part or all of the required 12 months separation period you need to provide extra information to the court this is only for a divorce application. You need this information before you can apply for a divorce. Note that the 12 months separation is only required for a divorce application not for a property settlement or parenting dispute. If you have any queries regarding your situation please contact us for an initial fixed fee consultation on (07) 3221 4300.