Separation under the one roof is a situation in which you and your ex partner have separated and lead separate lives but you still live together in the same house or possibly.
Sample affidavit separation under one roof.
If it is a joint divorce application both partners file their own affidavit.
One written by you.
One written by another person who has seen or heard about you and your spouse being separated under the same roof.
You must prepare and file two affidavits.
As long as you can prove that one or both of you left the marriage and you began living independently of each other the 12 month separation period can start to run and will not stop merely because you continue or resume sharing the same accommodation.
This is called separation under one roof.
These are connected to the factors of a relationship.
Witness of couple living separately under the same roof.
If you have a disability or impairment and use assistive technology you may not be able to access our forms.
Affidavit divorce if you and your spouse have lived together under the one roof whilst separated in the 12 months before you apply for divorce then you ll each need to do an affidavit giving evidence that there was a change in the marriage showing that you and your spouse separated.
Read more about what you need to prove here.
If you and your spouse are applying together you must each file a separate affidavit.
This person will most likely be a family member or friend.
It may be for a few days weeks months or years following separation.
Note the affidavit by the independent person should contain as much information as they know about the separation.
The court is aware that in.
In the case of separation under one roof the affidavit needs to present evidence and facts that prove the marriage or de facto relationship has ended and the spouses have separated.
This person could be a family member friend neighbour or professional who is familiar with the circumstances of your relationship and is over 18.
Affidavit but you do not need one from anyone else.
Download and complete the relationship details separated under one roof form.
If only one of you is able to file an affidavit then you should file an affidavit by an independent person see above.
If you and your spouse lived in the same home during part or all of the required 12 months separation period you need to provide extra information to the court.
Sample affidavit of independent witness to person living separately under the same roof if you have decided to end your relationship you should start to educate yourself.
There is no absolute rule about how to prove a separation.
You must serve both affidavits on your spouse with your divorce documents.
If you can t please use self service request someone to deal with us on your behalf or contact us we can help you access complete and submit them.
