Can separated couples live separately, but still reside in the same house?

Yes. Living separately and apart does not require you and your spouse to be living in different houses, so long as you can show that the relationship has ended.

The most important factor to consider is that the Court requires proof that you have been separated for 12 months. If it can be proven that you lived in the same house, however, led separate lives, this will suffice. There are several things that the Court will take into consideration in deciding whether separation has occurred including:

1. Whether you still sleep in the same bed;
2. Whether you still maintain a sexual relationship;
3. Whether you still share meals and domestic duties
4. Whether you still share money and bank accounts
5. Whether you have told your friends and family you have separated; and
6. Whether you continue to introduce yourself as a couple.

If you separate, resume living together and then separate again, you can commence the calculation of the twelve months separation period from the beginning of the first separation period as long as there is only one resumption period of up to three months (but the resumption period cannot be included in the twelve months).

We recommend seeking legal advice before applying for divorce if you have been residing under the same roof.