Still Living Together? Here's How to Legally Prove You're Separated
- Justeen Dormer
- Aug 6
- 1 min read
Family Law
With housing affordability under pressure and rental prices soaring in Sydney, more couples are finding themselves separated but still living together. This article explains how to legally prove your separation without moving out, a reality increasingly shaped by today’s cost-of-living crisis.
Separation under one roof is a situation where a couple continues to live in the same home but considers the relationship to be over. This can occur due to financial constraints, housing issues, or for the sake of children. However, proving this type of separation can be difficult.
To demonstrate that you are no longer functioning as a couple, the court will require evidence of changes in your day-to-day relationship. This includes:
Separate sleeping arrangements
Reduced or ceased shared social activities
Financial independence
A breakdown in the emotional connection
You may also need affidavits from both parties and possibly third-party statements from friends or family to support your claim. Understanding your legal obligations during this time is essential to avoid complications down the track.
Living together post-separation is increasingly common due to rising housing costs, but it presents legal challenges. Learn how to show you're separated under one roof — and if you need advice, Dormer Stanhope can help.
