Divorce when you’ve separated but still live together

By January 3, 2018
Living together when divorced

What the law says when separated but still living together

When thinking of divorce, many think of two spouses with two separate households, and two separate lives. However, this is actually very hard to achieve.

Many simply do not earn enough to be able to sustain a separate life; a joint income with your soon to be ex-spouse is the only way forward for many.

Another reason why soon to be ex-spouses choose to live together whilst going through divorce is due to their children. Many parents believe that they need to keep a family environment and solid routine for their children.

There is one very important thing to remember if you and your spouse have decided to live with each other during the divorce period- this is that it’s not a simple process and can challenge you both emotionally and legally.

We help thousands of people every year in this situation – contact us today on 01793 384 032 to see how we can help you or leave a comment below

The Law

It is legal to live with your divorcing spouse however you have to prove to the court that you have maintained separate lives during that period.

Even though it is legal to maintain cohabitation whilst going through divorce there are a few legalities that you need to be aware of.

You cannot get divorced based on the grounds of adultery if you have continued to live in the same house for 6 months + after the date adultery was admitted to you.

You also cannot get divorced based on the grounds of unreasonable behaviour if again you have continued cohabiting for 6 months or more.

It is advised that if you are looking at getting divorced based on 2 years separation to do so when one party moves out.

Maintaining separate lives

As previously mentioned it is legal to continue living with your spouse when divorcing but you have to be able to prove you have maintained separate lives during this period.

Proving this can be more difficult than you may think.

Here is a list of the obvious things that you and your divorcing spouse cannot share:

  • A bank account
  • A bedroom

Here is a list of the less obvious things that you can no longer do:

  • Cook and eat meals together
  • Share children’s activities
  • Socialise together
  • Go Shopping
  • Share laundry and domestic chores
  • Watch TV together

As you can see maintaining separate lives means you have to live completely different lives. Just like you would if you did not live together.

If you are going live together whilst divorcing then you have to be ready for the court to ask as many questions as they need to.

How can we help?

Due to the complexity of the case, many high-street solicitors will charge you thousands of pounds to complete your divorce.

However, we here at Quicke Divorce can complete your divorce from just £189!

Contact us today if you would like any more information on the subject, one of our friendly and professional divorce advisors will be more than happy to help.

You can call us on 01793 384 032 or leave a comment below with as much information as possible regarding your situation and we’ll get back to you as soon as possible.

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4 Comments

  • Kay Biggs says:

    I had an affair 3 years ago and my husband found out 18 months ago, I left the home for a few weeks but he asked me to come home and we tried again, well I tried. Since January my husband has spoken to me and last night I asked if he wanted a divorce he said yes, today he said he can’t move out as he has nowhere to go and can’t afford his own place so he is staying g here whilst we process the divorce, I sent the peprwork off to the courts today, we have 3 children who love there dad but he has not been involved in there everyday lives he left all of that to me as well as the financial aspects of our lives I have fulfilled all of this, he has just gone to work and comes home and thinks that is acceptable behaviour, this continues for the duration of our relationship which totals 29 years. I didn’t want a divorce but felt that was no other option

    • Mark Keenan says:

      HI Kay, we can certainly help you deal with your divorce in an amicable way. You won’t be able to use your own adultery as a reason for divorce and neither will your spouse and there is a limit of 6-months since finding out about the adultery taking place. Feel free to call us on 01793 384 032 for free information on your divorce options. It does sound however, like using unreasonable behaviour to initiate your divorce will be the best route. All the best.

  • Lindsey Brown says:

    Hi, my husband and I live in the same house but have separate bedrooms. He was on income support before we married in December 2015, I work and financially have to support him. I come home and feel lonely because he spends all his time in his room watching TV or looking at Facebook. I sit downstairs, he also vapes in the house and I don’t like it as the smell makes me feel sick. I bought my house before we met, we have separate bank accounts nothing is in joint names, I pay all the bills. When I complain about the smoking he says I am a bully. Please advise

    • Mark Keenan says:

      Hi Lindsey, from the information you’ve given it sounds extremely likely that you’ll need to use unreasonable behaviour to base your divorce on. However, without knowing more details about the situation it’s hard to advise. How long have you been separated? The best way to get advice from us is to call us on 01793 384 032, or if it’s easier, you can email us [email protected] and you can arrange for a call back when it suits you.

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