Family finances and circumstances do not always allow for couples separating to move out of the family home even if the relationship is truly over. This does not mean an Application for Divorce can not be made until 12 months after you move out of the home; but you will have to be able to satisfy the Court that the marital relationship with your partner did not continue during this period and has truly ended.
Evidence of the absence of your marital relationship must be filed with your Application for Divorce. This is usually met by filing an Affidavit by you and an additional person. The Affidavits should set out the living arrangements of you and your partner during the last 12 months, and give details as to how your lives have been carried on separately, e.g. sleeping apart and the absence of joint social and leisure activities. Your Affidavit evidence should be corroborated by another adult person. This person is often a family member or friend who has known you both for some time and is able to comment on the changes they have seen in your relationship with your partner during at least the past 12 months.
Although many people prepare and file their own Divorce Application, in circumstances of separation under the one roof, there are many additional complications and requirements that make it prudent to obtain legal assistance for the completion of the Court documents.
