Separation

What is required to prove separation?

Separation occurs when the following three elements exist:

I am living with my partner. Can I be separated?

You can be separated while still living with your ex-partner. This is known as ‘separation under the same roof’.

It is important that you and your ex-partner are living separate lives even though you are living in the same home. For example, the separation of domestic duties within the household, not sharing a bed and not socialising together as a couple (apart from parenting activities) will be considered as evidence of separation.

What areas of your life are impacted after separation?

The following factors need to be considered when separating: