Separated Under One Roof in Queensland
You can be separated under one roof — legally separated while living in the same house. Here's how it works in Queensland, and how to prove it for divorce.
Brendan Marr 2 min read Not every separation starts with someone moving out. For a lot of Townsville couples — with a mortgage, kids in school, and the cost of a second household out of reach — staying in the same house for a while is simply the practical reality. The good news: you can be separated under one roof and still be legally separated.
The 12-month rule still applies
To apply for a divorce in Australia, you must have been separated for at least 12 months and one day. That rule doesn’t change just because you’re still sharing a home. What matters is that the marriage has ended, even if the living arrangement hasn’t.
Proving you were separated under one roof
Because you’re still under one roof, the court will want more evidence that the relationship genuinely ended on the date you say it did. Things that help show separation include:
- You stopped sharing a bedroom.
- You divided or stopped sharing finances and bank accounts.
- You stopped doing domestic tasks for each other (cooking, laundry, cleaning).
- You told family, friends or Centrelink that you had separated.
- You no longer attended social events together as a couple.
You generally won’t need all of these — but the more your day-to-day life changed, the clearer your separation date becomes.
You’ll likely need a supporting affidavit
When you apply for divorce after being separated under one roof, the court usually expects a supporting affidavit — from you and often from an independent person (a friend or family member) who can confirm the change in your relationship. Getting these right the first time avoids delays.
Where Magnetic Legal comes in
We help Townsville clients:
- Work out and evidence their correct separation date.
- Prepare divorce applications and the supporting affidavits courts require.
- Deal with the harder issues that usually matter more than the divorce itself — parenting arrangements and property settlement.
A divorce order ends the marriage, but it doesn’t sort out your property or your children. Those are separate — and time limits apply to property claims after divorce, so it pays to get advice early.
Thinking about separating, or already living apart under one roof? Book a free, confidential chat with our Townsville family lawyers and we’ll tell you exactly where you stand.
This article is general information, not legal advice. Every situation is different — please speak to us about yours.