Can you get divorced while living in the same house?

Our Family Law team are often asked “Can you get divorced while living in the same house?”

The answer to which is yes you can. However, as you can imagine living under the same roof during separation or divorce is not ideal and is by no means an easy thing to do.

In fact, it is very hard to file for a divorce when you are cohabitating as it is invariably an emotional and stressful time and it can be very expensive if you do not receive the correct advice.

Divorcing and Maintaining Separate Lives

In the eyes of the law if you are living in the same household, you will have to show that you are maintaining separate lives. To comply with this, you must no longer share day-to-day activities such as sharing a bedroom, go food shopping for each other and eating meals together.

Separated But Living In The Same House After Adultery and Unreasonable Behaviour

You cannot use grounds of adultery as a reason to divorce if you have continued living in the same property for six months or more after you learned of the adultery unless that physical relationship was continuing.

In the same vain you cannot file for divorce based on unreasonable behaviour if the last incident was more than six months ago and you have remained living in the same household.

In general, if you want to file for divorce based on two years separation, we advise you that the separation date starts when either you or your former partner moves out.

Unmarried Couples

If you live in the same property but separate as an unmarried couple, we recommend that you have a separation agreement drawn up. This is sometimes called a separation contract.

This is created by both you and your former partner. It can cover on-going maintenance, especially if you have children and what will happen if you were to sell your home, setting out how the money from this will be divided.

It can also set out how your belongings are going to be divided and how bills are going to be paid.

The separation agreement is useful to have in place should either of you decide to get married to other people in the future or if either of you do not fulfil your responsibilities under the agreement.

We Are Here To Help

If you would like to discuss this or any other family legal matters, please do not hesitate to get in touch with Ann Davies who is a Solicitor working in the Family Law team at Phillips by calling 01256 854604 or by emailing ann.davies@phillips-law.co.uk

Alternatively click here to go to our contact page.

During these difficult times our Town Gate office in Basingstoke is temporarily closed to visitors unless by prior appointment when meeting in person is essential. However, thanks to our lawyers being able to work remotely, Phillips remains fully open for business and can discuss your legal matters by telephone and video conference.