Family Law & Divorce

Separation Under One Roof

In plain English

When a couple has separated but continues to live in the same house, often for financial or practical reasons.

What it means

Separation under one roof recognises that a couple can be separated while still living in the same home. This is common when partners cannot afford two households or want to maintain stability for children. Because it is harder to prove, a divorce application based on separation under one roof usually needs extra evidence, such as an affidavit from each spouse and one from a third party (like a friend or family member) confirming changes in the relationship, for example sleeping separately, dividing finances, or no longer sharing household tasks or social activities. The 12-month separation period still applies before divorce.

How it's used

Because they continued living together to support their children, the couple filed affidavits proving separation under one roof when applying for divorce.

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