Divorce when you’ve separated but still live together
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.
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.
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.