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Do You Have to be Separated to Divorce?

To put this simply, yes, you and your spouse need to be living separately in order to apply for a divorce. What this leads many people to conclude is that, whilst they are living separate lives, they are unable to divorce one another as neither party can afford to move into a new property and they cannot be fully separated as a result. Such a conclusion, whilst understandable, is incorrect, however. In order to be classed as separated, spouses merely need to be living separate lives and may share a property if it is necessary for them to do so provided that they sleep in separate rooms, prepare and eat their meals separately, no longer socialise with one another etc. Provided that these parameters are met, then a couple that is still cohabiting will be considered as separated and will be eligible to apply for a divorce.

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