Separation under one roof: Family law advice

Sometimes living together following a separation is necessary for a range of reasons, but it comes with important legal implications. Here’s what you need to know under Australian family law:

Proof of separation

• Courts may sometimes need evidence that a genuine separation has occurred, particularly if the parties do not agree on a date of separation.
• Factors considered by the court can include the use of separate bedrooms, independent finances, and clearly communicated intentions.

Property settlements

• Sharing a home does not prevent either party from seeking a property settlement. Many couples continue to reside together until an agreement has been reached or the property sold.
• Seek legal advice to protect your financial interests during this period.

Parenting arrangements

• Separation under one roof doesn’t change responsibilities to your children.
• Clear routines and written agreements help avoid disputes. Shared parenting still occurs when parents are separated under the one roof.

Financial support

• Living together may influence spousal maintenance or child support assessments.
• It does not stop either party from making legitimate claims.

Tips for managing separation under one roof

• Document sleeping arrangements, finances, and parenting responsibilities.
• Document whether homemaking duties (including cooking, cleaning etc) are still being performed by one party for the other or whether you are each undertaking your own now.
• Maintain clear boundaries to reduce conflict.
• Consult a family lawyer early on to ensure your rights are protected.

Conclusion
Separation under one roof pending a finalisation of property and/or parenting issues is legally possible but requires careful planning. Professional family law advice ensures your rights and responsibilities are safeguarded while navigating this transitional period.

Do you need advice? Our experienced family lawyers in Sydney and the Illawarra are always here to support you. Contact us today.

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