Can I divorce my spouse if we are separated but living together?

Put simply, yes. There is one ground for Divorce in Australia, which is that the marriage has “broken down irretrievably”.  To show this you must show the Court that you have “separated” and “lived separately and apart” for a continuous period of not less than 12 months immediately prior to the date of filing your Application for a Divorce. This may sound a little confusing but you can actually be considered to be living separately and apart even if you have continued to live in the same home together or you provided household services to each other. 

One of the main concerns is to prevent parties trying to obtain a speedy divorce by falsely stating that they have separated for 12 months while living under the same roof when in fact they have not actually been separated that long.

So, you may need to provide some corroborative evidence to prove your separation. The Court may consider whether there is a real sharing of a common life, whether you have provided household tasks, whether you sleep in different bedrooms, whether any sexual relationship is continuing, whether you have advised friends and family, amongst other things.

We’re not saying you need to tell the rest of the world that you have separated but the fact that you may have is a significant indicator of the fact that separation has actually occurred.

As we said, it can be confusing.  If you’d like some more information or advice about separation and divorce contact Andersons Solicitors by visiting http://andersons.com.au/