{"id":11217,"date":"2023-08-03T10:41:19","date_gmt":"2023-08-03T10:41:19","guid":{"rendered":"https:\/\/www.tajiklawyers.com.au\/?p=11217"},"modified":"2023-11-08T09:35:59","modified_gmt":"2023-11-08T09:35:59","slug":"separation-under-the-same-roof","status":"publish","type":"post","link":"https:\/\/www.tajiklawyers.com.au\/separation-under-the-same-roof\/","title":{"rendered":"Separation under the same roof"},"content":{"rendered":"

Separation occurs when one or both parties to a marriage decide to live apart. You can be considered to be living apart and separated even if you continue to reside together.\u00a0<\/span><\/p>\n

This is known as \u201cseparation under the same roof\u201d.\u00a0<\/span><\/p>\n

This can occur when a couple decides to separate. Still, due to financial or other circumstances, they are unable to physically move out of the primary family home and establish separate households.\u00a0<\/span><\/p>\n

They may continue to share the same residence but live independently, with separate bedrooms and living spaces, and may even have separate daily routines.<\/span><\/p>\n

Separation does not officially end a marriage. The marriage only officially ends once the Federal Circuit and Family Court of Australia makes a divorce order.\u00a0<\/span><\/p>\n

According to the <\/span>Family Law Act 1975 (Cth)<\/span><\/a>, a divorce order is made in circumstances where \u201cthe marriage has broken down irretrievably\u201d. To apply for a divorce order, you must be separated for at least 12 months.\u00a0<\/span><\/p>\n

In cases where two people are separated under the same roof and still live together, it may be more challenging to determine the date of separation, as required to <\/span>apply for divorce<\/span><\/a>.\u00a0<\/span><\/p>\n

In such cases, to be satisfied that parties have been separated for 12 months or more, the court may consider various factors such as:<\/span><\/p>\n