Part 2: I’m still living with my former spouse. Am I separated?

Separation can occur without either party leaving the matrimonial home. In such a scenario, to satisfy the requirement of being separated, parties need to show they are no longer living together as husband and wife.

It is for the party who initiates the application for divorce to prove that they have separated from their former husband or wife. The court will require a sworn affidavit giving evidence that parties are in fact separated where they continue to live together in the former matrimonial home. In deciding whether parties meet the minimum period of separation requirement, the court will consider, amongst other factors, whether parties have separated their finances, live in separate rooms or keep their social lives separate. The requirement exists as a means of proving to the court that you are no longer living together as husband and wife, and there is in fact an intention to have an application for divorce finalised.

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About the author

Annelie van Zyl

Legal Practice Director, Family & Divorce Law

Annelie van Zyl is the principal lawyer at Perth Divorce Lawyers, where she has represented parties locally in Western Australia, interstate and internationally through separation, divorce as well as property and parenting disputes for more than 20 years. She works with clients directly, from the first consultation through to a final outcome.

  • Nationally Accredited Mediator (AIFLAM)
  • Family Dispute Resolution Practitioner