Family law and the family home – your options after separating
If you have separated from your spouse or de facto partner, deciding what to do about the family home can raise a whirlwind of emotions. Many memories are often attached to the family home – good and bad – and while some may want to retain the home and all the sentiment that goes with it, others may want nothing more than to move on.
Can you be separated and live under the same roof?
Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not less than 12 months prior to the filing of the divorce application.