This article is an update of our previous one on this subject (here) due to the changes made in the Divorce, Dissolution and Separation Act (2020), commonly known as the new “No Fault Divorce”.
Separated under the same roof
It can be common for some married couples to continue living together during a separation for a variety of reasons. Some may choose this over living in separate properties to maintain stability at home for their children, and for financial reasons.
There are various reasons why separated couples may feel pressured to continue living together, and for longer periods of time. The current high inflation environment, coupled with high interest rates and the commensurate mortgage costs, along with uncertainty in the property market, can lead to the need for separating couples to stay under the same roof for an extended period.
Will continuing to live with my ex impact on a divorce?
Prior to the ‘No Fault Divorce’ being implemented in the UK, when applying to the court for a divorce, you used to have to prove that the marriage had broken down by relying on one of five facts: adultery, unreasonable behaviour, 2 years separation with the consent of your former spouse, 5 years separation, or desertion.
This previous requirement to prove a period of separation when applying for a divorce could cause various potential issues, as you would have needed to show that you were truly separated despite living together. However since the changes to the law, this is no longer a requirement and it is now possible to apply for a divorce simply on the basis that the marriage has broken down irretrievably.
What can I do if I have separated from my ex but wish to delay divorce proceedings?
If you have not yet decided whether you wish to proceed with a divorce or are looking wait before commencing proceedings, you can enter into a Separation Agreement. The purpose of the Agreement is to provide a holding arrangement while you continue to live together and will also reflect what will be in the financial settlement when you later divorce. It can therefore set out the arrangements regarding your property and finances such as payment of the bills and mortgage, how you will manage the property while you are still living together, for instance who will occupy which bedroom and when you will each have access to the common areas like the lounge and kitchen, and whether the property will be transferred or sold at a later stage.
Need our help?
If you require advice on commencing divorce proceedings or assistance regarding Separation Agreements, please feel free to contact us today.
