Can you still live together during a divorce?

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Quite simply, yes. You are able to divorce even if you and your spouse remain living with each other, though it must be proven that you have maintained separate lives whilst divorcing and perhaps even prior to separation.

However, bear in mind that living together whilst divorcing is not necessarily an easy thing to do. It will be an emotionally challenging time for you both and circumstances can change. Animosity between you could arise or increase, if you are to remain living in the same household.

Are there any restrictions on this?

There are restrictions if you are wishing to rely on the fact of either adultery or unreasonable behaviour for the basis of your divorce.

In respect of adultery, you cannot petition on the basis of this fact if you have lived with your spouse for six months (or for periods totalling six months) from the date that you found out about the adultery.

For unreasonable behaviour, whilst you can still petition on this fact if you remain living together, the Court will take into consideration your cohabitation, if you have lived with your spouse for six months (or periods totalling six months) from the date of the last incident relied upon in your petition. If you are going to continue living together for more than six months, the reason why will need to be explained in your petition.

How do I prove we have maintained separate lives?

This can be easier than you might think and showing that you have separate lives can include explaining that, for example; you no longer share a bank account; you no longer share a bedroom; you cook and eat separately, you watch television separately, you each do your own laundry; you do not socialise together, etc.

If you are considering divorce and you are going to continue living with your spouse and would like further information or would like to determine whether you can still petition for divorce, here at Harrowells, we can offer a free 30 minute appointment to discuss this with you. To arrange an appointment please call us on 01904 558600.

^{Our articles are intended for general information purposes only and are not a substitute for professional advice tailored to your specific circumstances. We are always very happy to discuss any plans, issues or concerns you may have and to clarify how we might be able to help. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.}