Separation Under One Roof in NSW: Your Rights & Legal Steps

Not every separation means one person has to move out straight away.
For many couples, financial pressures, children, or rental shortages mean continuing to live in the same home — even after deciding the relationship is over.

This is called “separation under one roof.” And while it’s common, it can make things confusing — especially if you’re thinking about applying for divorce or sorting out property and parenting arrangements.

At Wallen Family Law, we help clients across Wollongong and NSW navigate this situation with clarity, care, and confidence.

1. What Does ‘Separated Under One Roof’ Mean?

You are considered separated when at least one person decides the relationship has ended and communicates that to the other — even if you continue living together.

It’s not about sleeping in different rooms or who owns the house; it’s about the intention to end the relationship and the actions that follow.

You can live under one roof and still be legally separated if:

• You no longer share a sexual relationship

• You live separate social lives

• You manage finances separately

• You no longer present as a couple in public or to friends and family

2. Why People Stay Under One Roof

Many couples remain in the same home for a period after separation due to:

• Financial or housing constraints

• Co-parenting stability for children

• Safety, routine, or logistical reasons

The Family Law system recognises that immediate relocation isn’t always possible — but evidence is key if you later need to prove the separation date.

3. Proving Separation for Divorce Applications

To apply for divorce in Australia, you must show you’ve been separated for at least 12 months.
If part or all of that time was spent under the same roof, the Court requires additional details when filing your Divorce Application.

The Court requires details as to how you lived separate lives — for example:

• Sleeping in separate rooms

• Separate meals, finances, and household duties

• Telling friends or family about your separation

• Changes to shared accounts or bills

4. Property and Parenting Arrangements While Living Together

Being separated under one roof doesn’t stop you from:

• Starting property settlement negotiations

• Entering into Consent Orders or a Binding Financial Agreement

• Making interim parenting arrangements

It’s often wise to start these discussions early — while you’re both still in the same home and communication is manageable.

Our team can help you formalise these agreements to protect both parties and ensure future clarity.

5. Tips for Managing Separation Under One Roof

• Set clear boundaries (bedrooms, finances, parenting routines)

• Notify Centrelink or other agencies to avoid misunderstandings

• Keep records of when you separated and how things changed

• Be respectful — especially if children are present

• Get legal advice early to understand your rights

6. When to Get Legal Advice

Even when things feel amicable, getting clear legal advice helps avoid misunderstandings later.
At Wallen Family Law, we can help you:

• Record the date and details of your separation

• Prepare evidence for your divorce application

• Negotiate property and parenting agreements while you remain under one roof

Our goal is to help you move forward with dignity, clarity, and confidence — whether you stay temporarily under one roof or transition to separate homes.

Wallen Family Law — Family Law, Made Clear.

If you’ve separated but are still living together, we can guide you through the legal steps and help protect your interests.
📍 Based in Wollongong, assisting clients across NSW.
💬 Book your free 15-minute consultation today to get tailored advice.

Disclaimer: This article provides general information only and should not be relied upon as legal advice. Every family law matter is unique and requires specific legal guidance. Always seek professional legal advice for your specific situation.