This article has been superseded due to the changes made in the Divorce, Dissolution and Separation Act (2020), commonly known as the new “No Fault Divorce”. Read our updated article here.
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.
With the ongoing government restrictions and current economic climate as a result of coronavirus, more separated couples may feel pressured to continue living together, and for longer periods of time.
Will continuing to live with my ex impact on a divorce?
When petitioning for divorce, you need to prove that the marriage has 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.
While you can live with your former spouse at the same address in some instances, there are legal rules you may need to consider. In many cases, you will not be able to petition for divorce if you continue “living together” for a period of six months or more.
The courts have considered what it means to be “living together” for the purposes of these rules, which means living as part of the same household and sharing a common life. This means to rely on these facts you will need to be able to prove that you have maintained separate lives.
How can I prove my ex and I have been living separately?
For you and your former spouse to be living separately under the same roof, you need to be living entirely separate lives. You will need to show that you have formally separated, such as sleeping in separate bedrooms. More specifically, you need to prove that on a day-to-day basis you no longer eat meals together, share in activities like watching TV or going out together, or share domestic responsibilities including cooking, laundry, or washing up for one another. This is a non-exhaustive list which is why it can be difficult to prove, and we will be able to advise you should you wish to commence divorce proceedings while still living with your former spouse.
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.
