Family Law FAQ’s

Yes, this is more common than people realise, often for financial reasons, co-parenting practicality, or simply because moving out isn’t immediately possible. Legally, you can be considered separated while still under the same roof.

However, because it’s less obvious from the outside, you’ll generally need to demonstrate the separation more clearly when it comes time to apply for divorce or address property and parenting matters. This can include evidence like separate bedrooms, separate finances, not presenting as a couple socially, and statements from family or friends who can confirm the situation.

If you’re in this situation, start documenting the practical realities of your separation early, don’t wait until you need the evidence. It’s far easier to build this picture as you go than to reconstruct it later. This is also worth raising in your first appointment, since the specifics of your living situation can affect strategy around property and parenting matters too.