husband and wife may live under one roof but consider themselves separated
The Family Law Act 1975 (Cth) Section 49(2) provides for separation to occur while the parties continue to cohabit.This usually only happens if there is serious conflict between the parties such that their lives will become intolerable if they continue to live together in one house.
may be apparent in other ways such as the parties not performing the usual activities of marriage like sleeping together, sharing bank accounts, shopping or going out with the children together. Hence, it is possible that a wife and husband live under roof but lead separate lives.
Regardless under whose name the family home is titled, both spouses have the right to continue to live there. A party cannot be forced to leave the home without a court order. Sometimes it is because of the children that parties prefer to both continue to live in the family home. Furthermore, courts have always been averse to interrupt the living arrangements of the children.
A party who leaves the home and does not see the children for a long time might find his application for child custody
Whenever applying for a divorce
parties must prove to the court that the total period of separation adds up to twelve months. That’s why if the parties are living under one roof during the separation period they must make sure to inform their relatives and friends about the separation because the court normally requires witnesses to testify that there was indeed a separation.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.