How To Prove Separation Under One Roof

Part or all of the 12 month separation period has included living under one roof.

How to prove separation under one roof.

This is considered to be separated under one roof and the court requires the applicant s to provide an affidavit giving further evidence of separation. Your affidavit will need to illustrate there has been a change in the marriage showing you and your spouse have separated. Separation under the same roof does not just mean sleeping separately. The court requires evidence that either you or your spouse said the relationship was over and from that time you did not act like a husband or wife but you spoke and behaved like a separated person both inside and outside the home.

Easing children s transition to parental separation etc. If separation under one roof applies to you you may need to support your divorce application by providing an affidavit demonstrating a change in your marriage. How to prove separation under one roof. You ll need to prove you ve been separated under one roof if you ve lived in the same home as your spouse for part or all of the 12 months immediately before applying for a divorce.

Be prepared to explain why you are living separately under the same roof e g financial considerations. The court requires the applicant s to file an affidavit providing further evidence of separation. Similarly if parties are seeking a financial split of property assets accumulated during the relationship the date of separation needs to be determined if the parties have separated but are living under the one roof.