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Family Law

Applying for a Divorce When You Stayed Living Together After Separating

By February 10, 2016No Comments

By Sharla Stevens

Before applying for a Divorce you and your spouse must have been separated for 12 months. This does not mean, though, that you must have been living separately for 12 months.

With the cost of housing in Canberra being quite high it is not always an option for one person to move out of the shared home immediately after separation and it may take some time. This will not prevent you from applying for a divorce after 12 months from the date you actually separated.

To apply for a Divorce if you remained living together after separating you must file an Affidavit with the Court explaining the circumstances surrounding your separation and how things changed in order to satisfy the Court that you were in fact separated. Some factors that a Court considers is the sleeping arrangements, whether you told family and friends that you separated and whether there were any changes to financial support and household duties, such as cooking and cleaning.

In addition to your Affidavit a second Affidavit must also be filed by either your spouse explaining the circumstances surrounding your separation or a third person who was aware that you separated.

The solicitors at Alliance Family Law are able to assist you in preparing your Application for Divorce and supporting Affidavits where you remaining living in the same home after you separated. Please contact one of our experienced solicitors, Cristina Huesch, Sharla Stevens or Angela Li on (02) 6223 2400 for advice.

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