Applying for Divorce in Australia While Living Together
- Justeen Dormer
- Aug 6
- 1 min read
Family Law, Divorce
As the cost of living rises across Sydney, many separated couples are unable to afford separate homes straight away. If you're considering divorce while still under one roof, this guide explains the legal steps involved and how to navigate them without added financial stress.
Can you get divorced while still living with your former partner? The short answer, Yes. However, it requires clear evidence. Australian law allows divorce after 12 months of separation, even if you continue residing in the same home.
When applying for a Divorce Order, the court must be satisfied that your marriage has ended irretrievably. If you are separated under one roof, you’ll need to:
Provide affidavits outlining how your relationship has changed;
Show how you maintain separate lives within the same household; and
Present third-party evidence, if available, to support your claim.
Importantly, any period of reconciliation during the 12 months may reset the separation period. Seeking early legal advice can help ensure your documentation is thorough and your application is not delayed.
It is important to note that a Divorce Order formally ends the marriage, but does not resolve property division or parenting arrangements, those require separate legal proceedings.
You can apply for divorce in Australia even if you still live with your former partner, but evidence is key. Learn what you need to prove and contact Dormer Stanhope for help preparing your application.
