Q: How can I apply for Divorce if we separated but to continue living in the same home during the 12 months before applying for divorce?
A: General rule is that you must be separated for 12 months before filing an application for Divorce (s48 of the Family Law Act 1975). This is known as ‘separation under the one roof’. You need to prove to the Court that you were separated during this time.
You must file an affidavit yourself and an affidavit by an independent person (family member, friend or neighbour etc). If you are applying together with your spouse (joint application), you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should file an affidavit by an independent person. In your affidavit, you need to prove that there has been a change in the relationship, gradual or sudden, demonstrating you and your spouse have separated.