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Can we Divorce if we Still Live Together?

Thanks to rising house prices and the cost of renting, stagnant wages and a population that still has very little faith in the economy, it should come as no surprise that more and more people are querying whether or not they will be able to get a divorce whilst still sharing their matrimonial home with their spouse. Fortunately, it is possible, but you and your spouse must be living separate lives. To put it another way, you must be living in separate households whilst sharing the property. Yes, we know it sounds strange, but this is the terminology used by legal professionals and the court alike and, once it’s been explained to you, it should make perfect sense. The first thing that you need to do is think of property and households as separate things. A property is simply a building comprised of bricks and mortar within which people can live. A household, on the other hand, is not a property but a collection of people who not only live together but share common goals and work towards these together. Individuals living in a household are therefore, to all extents and purposes, sharing their lives with one another and not merely living together. So, if you separate and continue to reside in the same property you will need to be living in separate households in order to file for and obtain a divorce. This means that you cannot share a bedroom, prepare meals for one another or eat together, socialise together, share bank accounts or complete tasks for one another. If you do engage in such behaviour, you and your spouse will be deemed to still be living in the same household and your application for a divorce dismissed. Fortunately, with a well drafted divorce petition that outlines your arrangements in detail, it is extremely unlikely that it will be necessary for you to provide any further proof of how you and your spouse live separate lives to the court. It is for this reason that, if you intend to file for a divorce and you and your spouse do still live in the same property, it is highly advisable that you obtain professional help. Fortunately, with Quickie Divorce, you can get just that without needing to pay extortionate solicitor’s fees. If you’d like advice on divorcing whilst sharing a property, or any other matter concerning divorce, click here to request a call from one of our advisers.

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