Divorce is a life-changing experience, and it is not something to be taken lightly. In Australia, the legal process for getting a divorce can be confusing and complicated. One common question many people have when considering filing for divorce is whether it is harder to get such a divorce if they continue to live in the same house. If you are in this position, you'll want to know how to navigate the situation for the best effect.

What the Law Says

In Australia, the legal grounds for divorce are set out in the Family Law Act 1975. The grounds for divorce are simple, and there is only one ground — that being the irretrievable breakdown of the marriage. However, in order to get a divorce, you must satisfy the Court that you and your spouse have been separated for a certain amount of time and there is no reasonable likelihood of reconciliation. When determining whether a couple has been separated, the Court will consider a range of factors, including whether they continue to live together.

What the Court Looks At

Living under the same roof can be challenging, particularly when a relationship has broken down. However, the fact that you are living under the same roof does not mean that you cannot be considered as being separated for the purposes of a divorce. The Court will look at the whole picture of the relationship and consider the couple's circumstances. This will include whether they are sleeping in separate bedrooms, sharing meals, and still carrying out household chores for one another.

What You Should Do

If you and your spouse continue to live together after the breakdown of your relationship, it is important to take steps to demonstrate that you are separated. This may involve changing the way you live together, such as sleeping in separate bedrooms and not performing certain household tasks for one another. It is advisable to seek legal advice if you are unsure how to go about demonstrating that you are separated.

It is also worth noting that even if you are living under the same roof, the Court will expect you to have made reasonable efforts to reconcile before applying for a divorce. This might include attending counselling, making lifestyle changes, or seeking advice from a relationship expert.

How to Move Forward

In conclusion, while it can be challenging to get a divorce if you continue to live in the same house, it is not impossible. The key is to demonstrate to the Court that you are separated and have made reasonable efforts to reconcile.

Consult a family lawyer to learn more. 

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