15 Jun Separation Under One Roof
When two parties separate, it is not uncommon for them to remain living under the same roof. Whilst you are not living separately and apart, this does not mean that you cannot arrange your finances by way of a property settlement and also apply for a Divorce Order.
Applying for a Divorce Order is a completely separate matter from negotiating property and parenting Orders. A Divorce Order is not required to be achieved prior to an Order or negotiations for property and/or parenting Orders to be achieved. A divorce Order requires that there has been an irretrievable breakdown of the marriage and that the parties have been separated for 12 months or more.
In the event you make an Application for Divorce and you have remained living under the same roof, you and a family friend or family member are required to provide evidence by way of an Affidavit to prove to the Court that the parties have been separated.
Upon the making of a Divorce Order, it becomes effective one month and one day after the Divorce has been granted by a Court, and this will trigger a limitation period wherein you are required to commence proceedings for property or maintenance matters, or alternatively have an agreed property settlement lodged with the Court.
If you have separated under one roof, or would like to discuss your circumstances with one of our family lawyers, please contact our office for a no obligation chat.
Related Tag: Divorce Lawyers Gold Coast