Divorcing when separated under the same roof

March 10, 2016

Scott and Fiona have been married for 8 years and have decided that they would like to separate and divorce. The parties still remain living separately under the same roof. What is required for Scott and Fiona to divorce?

In Australia, a divorce can be obtained where parties have been separated for at least 12 months, the marriage has broken down irretrievably, and there’s no chance of reconciliation. An Application for Divorce can either be filed by the parties jointly, or by one party separately.

A couple who is separated and still living under the same roof can apply for a divorce provided they satisfy the above requirements, but will also require Affidavits to prove that the marriage is over.

Feel free to contact our Family Law team on 9870 9870 for some initial advice.

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