Making the decision to separate is already very emotional, and then deciding where you are going to live adds another layer of stress. Many couples choose to separate but remain living under the one roof on a temporary basis. Some couples decide to continue living together for the sake of the children, until the family home is sold, or until their property settlement is finalised.
There are several issues to take into consideration when deciding whether to remain living under one roof after separation:
Safety
If you are living in a volatile environment or a domestic violence situation, you should obtain advice from one of our Family Law Lawyers as to vacating the property or, your partner vacating the property. Tensions usually start to grow when:
- disagreements arise on parenting styles
- parenting proposals are made
- frustration in wanting to move on with your life
- differences in your respective contributions made throughout the relationship
- requirement to provide financial disclosure
If Children are involved, it is imperative that you make their needs and wellbeing a priority. You should seek advice from a professional as to the best way to communicate any separation with Children which is in an age-appropriate manner to ensure that they feel safe and supported with the changes in their life.
Refrain from arguing or fighting in the presence of the Children. Research shows that Children are also more affected by fighting in the family home versus splitting their time between two homes.
Divorce
Before filing for divorce, you are required to have been separated for 12 months from the date of separation. You must therefore be able to prove that you have been separated during that 12 month period, even if you are both still living under the one roof. To provide evidence of this, you would need to file an Affidavit setting out your circumstances, such as:
- You have been sleeping in separate bedrooms
- You are not cooking or cleaning for each other
- You do not attend social functions together as a couple
- You have informed family and friends of your separation and the fact that you will remain living under the one roof for an interim basis.
You should also keep a record of when you first discuss your separation and any agreement that you will both remain under the one roof. The Federal Circuit and Family Court of Australia will consider changes in your finances, day to day arrangements, and social activities to determine whether you have separated despite living under one roof.
Centrelink payments
It is vital that you inform Centrelink of your change in circumstances. The rates that Centrelink pay to you could change depending on whether you are single, or part of a couple. If your situation has changed, but you have not alerted Centrelink, you may be breaking the law and be required to pay all money back to Centrelink. Centrelink look at several factors such as:
- Are you providing financial support to one another?
- Are you claiming to be partners for taxation, insurance, or for other reasons?
- Do you jointly own assets?
- Do you have a joint bank account?
- Do you share a bedroom?
- Do you still have a sexual relationship?
- Do you present to the community as a couple?
- Do you present as a couple at social or leisure events and activities?
- Do friends and family perceive you to be a couple?
Financial Impact
Address how mortgage, utilities, school fees and general day to day living expenses will be paid. Keep a note as to what the agreement is that you have reached for these expenses. Also keep a record of what expenses you have each paid for and if any, what expenses that you have paid on behalf of your partner.
Regardless of how long you choose to remain living under the one roof, it is strongly recommended that you both seek legal advice as to your rights and responsibilities during this period.
