Why Do You Need Another Affidavit to Prove Separation Under One Roof?

27 November 2019
 Categories: , Blog


Making the decision to divorce isn't easy. The logistics of separating from your spouse can also be difficult. For example, while some couples split up and move into separate homes immediately, this isn't always possible.

You and your spouse might have to continue to live under the same roof, say for financial reasons, at some point during your separation period. In this case, you have extra conditions to meet before a court approves your divorce.

For example, you will have to produce an affidavit explaining why you continued to live in the same home. You have to give proof that you were moving towards living separate lives even though you lived in the same place. However, you may not be the only person who needs to give this evidence. Typically, one statement isn't enough for family law courts. Why do you need someone else to do this, too, and who should this person be?

Why Two Affidavits?

While you can give all relevant separation information in your affidavit, this doesn't give a court the full picture. This is a legal document in which you should be honest; however, it only gives your perspective. A second affidavit supports your statement. It adds an independent account of your domestic situation. This gives the court more rounded evidence to consider.

Who Submits an Extra Affidavit?

There are certain rules about who can submit a separation under one roof statement. If you're filing for divorce on your own, then you must submit one. The other statement can come from someone who knows you and who was around during the separation period.

So, for example, your Mum could submit an affidavit explaining what she knows about your living arrangements and the situation at the time. Or, you could get a friend to do this who has first-hand knowledge of your relationship and home life. If you're filing for a joint divorce, then it's enough for you and your spouse to submit individual statements. If one of you cannot do this for some reason, then the other can use an affidavit from a family member or friend to support the application.

Working out what you need to know, say and do during this process isn't always easy. To make things simpler, you should consider talking to family lawyers. They can talk you through the process and make sure that you submit the right information in the right format.