Chua Tan Associate Lawyers
  • Contact Us
  • Practice Areas
    • Australian Immigration
    • Family Law
    • Australian Commercial Lawyers
    • Property & Construction
    • Criminal Law
    • Civil Litigation
    • Wills and Probate
    • Mediation services
    • Notary Public
    • Cross-Border Mediation Australia & China | Justin Chua
  • About Us
  • en_AUEnglish (Australia)
    • zh_CN简体中文
  • Legal Blog
  • Book for an online legal consultation
  • Divorce Applications Australia | Online Fixed Fee Divorce Applications
  • Wills & estates quote
  • Contact Us
  • Practice Areas
    • Australian Immigration
    • Family Law
    • Australian Commercial Lawyers
    • Property & Construction
    • Criminal Law
    • Civil Litigation
    • Wills and Probate
    • Mediation services
    • Notary Public
    • Cross-Border Mediation Australia & China | Justin Chua
  • About Us
  • en_AUEnglish (Australia)
    • zh_CN简体中文
  • Legal Blog
  • Book for an online legal consultation
  • Divorce Applications Australia | Online Fixed Fee Divorce Applications
  • Wills & estates quote
Facebook-f Linkedin

Can I get a divorce while living in the same house as my ex-spouse?

  • October 3, 2023

Home " Legal Blog " Family Law " Can I get a divorce while living in the same house as my ex-spouse?

Can I get a divorce while living in the same house as my ex-spouse?

Living together after separation: understanding the application process

Separation in Cohabitation Even if a couple continue to share a home, they can still be legally recognised as separated under section 49(2) of the Family Law Act 1975 (Cth). The key determining factor is the breakdown of the marriage or that the marriage has ended. In order to prove this, a detailed affidavit needs to be filed with the court describing the evolution of the relationship, its initial state, and the current relationship dynamics between the parties.

Determining the date of separation The courts will consider various elements like marital intimacy, cohabitation, social interaction, mutual support and public recognition to define marital separation. As noted in Morris v Morris [1972-1973] ALR 893, the point at which the marital relationship actually ends is considered to be the actual separation. Determining this exact date can be challenging. In order to provide clarity, where couples choose to separate at the point of cohabitation, letters detailing this intention and future living arrangements can be key evidence.

Supporting Documents for a Divorce Petition When initiating divorce proceedings, applicants should provide information about when and where they lived together after separation. References to accompanying affidavits are required. A full affidavit from the petitioner and a corroborating affidavit in support of the statement are required. Ideally, these affidavits come from people familiar with the couple's living conditions or those who can attest to the transformation of the relationship over the past year. Suitable witnesses may include parents, friends, neighbours or adult children living in the family home. In cases centred on "living apart", the applicant should be prepared to give oral testimony at the hearing if required.

The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.

Forwarded article.

Related Articles

澳洲移民律师常见问题

Asked Questions 蔡庆伟律师事务所｜

澳洲移民律师｜墨尔本专业移民法律服务

Australian Immigration La

为什么选择我们的墨尔本遗嘱与遗产律师

为什么选择蔡慶偉律師事務所 Chua Tan &a

墨尔本遗嘱与遗产认证律师 | 40个常见问题

一、关于遗嘱（Will） 什么是遗嘱（Will）？

" Previous Page1 Page2 Page3 Page4 Page5 Next "

Why Chua Tan Associates?

Since 1990, our firm has successfully helped thousands of clients resolve their legal issues.

You can rest assured that our lawyers will use their accumulated knowledge and experience to help you achieve the best possible outcome.

Contact Us

Experienced

We are one of the most established law firms in Australia.

History of great results

Our attorneys have extensive experience in all areas of law. We have several bar-certified experts in immigration law.

We act in your best interest

Our lawyers are focused on saving clients time and money by drawing on expertise and providing practical legal advice so clients can worry less and focus on their family.

Contact Us

Do you have a legal issue that needs to be resolved or other issues that require resolution? Contact us and we will help you.

Chua Tan Associates Expert Lawyers

Chua Tan Associates is a General Practice Law Firm. We have extensive experience in a wide number of practice areas including immigration, commercial, family, property and criminal law.

Learn more

Chua Tan Lawyers Pty Ltd
abn: 84 613 093 182

Our Services

  • Immigration Law
  • Family Law
  • Commercial Law
  • Wills & Probate
  • Property
  • Melbourne Criminal Lawyers
  • Civil Litigation
  • Notary Public

Contact Us

  • +613 9602 3988
  • chuatan@tpg.com.au
  • Address: level2, 262 Queen Street, Melbourne VIC 3000
  • WeChat ID: chuatan262
Contact Us

© Chua Tan Associates 蔡庆伟律师事务所 Liability limited by a scheme approved under Professional Standards Legislation.

zh_CN 简体中文
zh_CN 简体中文
en_AU English (Australia)