It is not uncommon for parties to remain living together for some time after the relationship has ended. Sometimes finances and care arrangements for the children mean it is easier to remain under the same roof until matters can be sorted out.
The Court will be satisfied that you have been separated provided you can show two things:
- that there was an intention to end the marriage; and
- that the intention to end the marriage was expressed to the other person.
An intention to end the marriage, can be shown by a range of actions, such as no longer having sexual relations, or no longer cooking and performing chores for one another, or no longer sharing finances.
If you have been living under the same roof for the last 12 months (or part of the last 12 months), you will need to supply an affidavit in support of your divorce application, which sets out how you have been living separate lives.
You will also need to provide an affidavit from a witness confirming that you have been separated for a period of at least 12 months. This could be a neighbour, a family friend, a friend or a relative.