Common mistakes when living together after separation

Common mistakes when living together after separation

So, you and your partner have decided to separate, however, you are still living together under the same roof. It is increasingly common for this to occur especially with the financial impracticalities of setting up two households or to maintain stability for any children or straight up convenience.

It is important to think about your actions when living together while separated. It is especially important if you may be seeking a divorce or property settlement in the future. If your matter ends up in the Family Court, they will make findings on your separation. That is, the Court will consider you to be separated when evidence of the “five factors of a couple relationship” are broken:

  1. Financial aspects of the relationship – e.g. do you own a house together, sharing of bills, is your partner a beneficiary to your will or other benefit?

  2. Nature of the household – are you sharing a bedroom or bathroom? Do you do your own shopping, cooking, cleaning, gardening?

  3. Presence of a sexual relationship – presence of a sexual relationship would generally support the continuous of a relationship.

  4. Nature of the commitment – do the parties hold future plans together? Can you communicate? Do you provide assistance medically? Do you plan on divorcing?

  5. Social aspects of the relationship – are your friends aware of your relationship breakdown? Do you holiday separately? Where you have children – are their schools aware?

IIf you would like further advice on separation, please contact Bale Boshev to book an appointment with Ellie on 02 4969 1522, or email us at

Article by Ellie Sumner 


Ellie Sumner – Solicitor

Ellie practises in family law, wills and estate matters and has spent the last three years working in the North West and Newcastle and Hunter regions.

Ellie also has experience in worker’s compensation and personal injury.

Ellie makes regular appearances in the Family and Federal Circuit Courts of NSW at Newcastle

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