Separation Under One Roof: What You Need to Know
Written by Nicole Turnbull
Traditionally, when a couple separated, one of them moved out and into their own place, while the other one stayed in the family home. Commonly (and stereotypically), this usually meant dad moved out and mum stayed in the family home with the children.
However, with the rising cost of living, increasing rental prices and housing shortages across Queensland and Australia, it is becoming much more common for separated couples to continue living together after separation. In family law, this is commonly referred to as separation under one roof.
What Does Separation Under One Roof Mean?
Separation under one roof occurs when a couple has separated but continues living in the same home. Many couples choose this arrangement while they work through their financial arrangements, parenting arrangements and property settlement matters before permanently living apart.
Makes sense right? Parties separate and just continue living together, but separately in the family home until they sort out their finances and decide on how to split their assets. Unfortunately, it’s not usually that simple and living separated and under the one roof can come with many difficulties and issues. While it might seem simple at the outset, the longer the negotiations take, the harder it can be, both personally, emotionally and financially.
For many families, separation under one roof can create uncertainty around boundaries, communication and day to day living arrangements. Even where parties are amicable, continuing to share a home during a relationship breakdown can place significant emotional pressure on both parties.
Parenting Arrangements While Living Together After Separation
Children can find it difficult to navigate the separation when both parents are still living together. Questions often arise around which nights are spent with each parent, who disciplines the children and when, whose rules the kids follow and many other parenting matters.
Living separated under one roof can sometimes make parenting arrangements more complicated, particularly where children are struggling to understand the separation or adjust to new routines. Clear communication and consistency can be important during this transition period.
Financial Challenges During Separation Under One Roof
Finances can be a nightmare to navigate and having to split bills, household expenses and calculate what each person has to contribute can be a minefield unless there are clear expectations in place.
Separation under one roof can also create additional stress around financial arrangements, including mortgage repayments, rent, groceries, utilities and shared expenses. In some cases, disputes can arise about who should contribute to particular expenses while property settlement negotiations are ongoing.
Domestic and Family Violence Concerns
If domestic violence is a concern, living separated and under the one roof can place a party at risk of being subjected to ongoing or further domestic violence, or being accused of committing an act of domestic violence.
If there are concerns about domestic and family violence, obtaining legal advice as early as possible is important to ensure appropriate protections and support are in place.
Divorce Applications and Separation Under One Roof
It is important to know that if a couple is married, there may be extra steps required when seeking a divorce if they have lived separated and under one roof.
This includes providing the Court with an Affidavit evidencing the separation, despite still living under the one roof, if the couple was separately living under the same roof at any time within the 12 month period preceding the divorce application.
The Court requires evidence that the relationship had ended despite the parties continuing to reside together. It is important to get the Affidavit right, which is why it is strongly recommended to obtain legal advice from an experienced Family Lawyer.
When to Seek Legal Advice
If you require assistance navigating a separation, including what interim living, financial and parenting arrangements are right for you, please contact Pippa Colman Family Law to speak to one of our experienced Family Lawyers.
Our team can assist with separation under one roof matters, divorce applications, parenting arrangements, property settlement negotiations and family law advice tailored to your circumstances.
Important Disclaimer
The above information is general in nature and provided for educational and informational purposes only. It is not legal advice and should not be relied on as such. Every situation is different, and you should seek independent legal advice before making decisions about your own circumstances.