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ARTICLE · 18 MAY 2019

What does a sleep divorce really mean?

In considering if a separation has occurred, a Court needs to undertake an analysis of all aspects of the relationship.

AustraliaFamily and Matrimonial

It is not in common to read articles in newspaper, magazines and online that indicate that many couples are choosing to sleep in separate bedrooms in order to get a good night's sleep.

However, does sleeping in separate bedrooms constitute a separation under the Family Law Act?

The answer – not necessarily.

Provided all the other aspects of the relationship are intact such as continuing to co-parent children, being seen in public as a couple on social engagements, sharing family finances, holidaying together and all the other public aspects that a couple undertakes, then it will not constitute a separation.

There may be many reasons why people choose to sleep in separate bedrooms apart from the snoring issue, there may be issues due to health, unfriendly work hours and shift work.

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