It is possible to live together in the same house and still show the court that you and your spouse were separated. This is called separation under the one roof. If this applies to your situation then you need to support you divorce application with an affidavit.

The affidavit will need to prove that there has been a change in the marriage, gradual or sudden, showing you and your spouse have separated. You will need to explain:

• any change in sleeping arrangements
• any reduction in shared activities or family outings
• any decline in performing household duties for each other
• any division of finances; for example, separate bank accounts
• any other matters that show the marriage has broken down; for example, if you have notified family and friends of your separation
• why you continued to live in the same house following separation and what intention, if any, you have of changing the situation
• living arrangements you made for any child of the marriage under 18 years during the time you were living under one roof
• what government departments you have advised of your separation if you receive a government benefit

Contact Fabian Horton if you need more information or help with preparing an affidavit.