You can be separated while living at the same address, but if that occurred during any part of the 12 months before filing for divorce, the Court requires extra evidence. The evidence should explain the changed marital relationship through truthful facts about sleeping, household, financial, social and public arrangements.
What the Court is testing
The issue is not simply whether bedrooms changed. The Court needs evidence that the marital relationship ended even though the address stayed the same. The application should identify the separation date, who communicated the end of the marriage and what changed from that point.
Facts to organise
- Sleeping arrangements before and after separation.
- Cooking, laundry, cleaning and other household tasks.
- Separate or shared finances and why any sharing continued.
- Social activities and whether family, friends or agencies were told.
- Care arrangements for children.
- Why the couple remained at the same address.
- Any government agency notification or documentary evidence.
Use dates and observable facts. Avoid conclusions that do not explain what actually changed.
Whose affidavit is needed
For a sole application, the applicant files an affidavit and should ask an independent adult who knows about the separation to provide corroborating evidence. For a joint application, both parties should file affidavits, and independent corroboration is still recommended by the Court. A witness must write only what they personally know; nobody should invent or dictate evidence for them.
Common mistakes
- Counting 12 months from the hearing instead of checking the 12 months immediately before filing.
- Giving only a statement that the couple “separated” without describing changed conduct.
- Using identical scripted affidavits that do not distinguish personal knowledge.
- Leaving dates, children’s arrangements or continuing joint finances unexplained.
- Signing outside the required affidavit witnessing process.
WA filing
Applicants in Western Australia file through the Family Court of Western Australia and the WA eCourts Portal. Applicants elsewhere use the Federal Circuit and Family Court of Australia and the Commonwealth Courts Portal.
Clear answers
Can we be separated in the same house?
Yes. Separation under one roof is recognised, but extra affidavit evidence is required if it occurred during the 12 months before a divorce application.
Do we both need an affidavit?
Joint applicants should each file an affidavit. In a sole application the applicant files one. The Court also recommends corroborating evidence from an independent person.
Does having joint bills mean we were not separated?
Not necessarily, but continuing joint finances should be explained factually, including why they continued and what other aspects of the relationship changed.
Check the official process
General information only, last checked 18 October 2026. Court forms, fees and procedures change. Use the current official source before filing and obtain legal advice for your circumstances.
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.