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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Under UK law, is it possible to continue living under the same

Resolved Question:

Under UK law, is it possible to continue living under the same roof after a legal separation to qualify for a divorce 2 years later (to make the divorce less stressful for the children) or does a couple have to leave apart physically in order to be able to file for divorce 2 years after the legal separation has been granted?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.
Yes you are correct. You can base your divorce on two years separation with the consent of the other party if you have been separated for two years - even if you have continued to live at the same address. "Separation" means separate households, even if you are at the same address.
Once the divorce petition has been served on the respondent, and the respondent has returned the acknowledgement of service form to court, confirming that they consent, the next stage for the petitioner is to apply for the decree nisi, which is done by filing a proforma statement in support of the petition at court.
This statement used to ask questions like - do you eat together? do you share a bedroom? Do you socialise together etc - to establish whether or not the couple were indeed separated and living as separate households albeit at the same address. But the form has recently been much simplified, and now asks simply the following:
"4. State the date on which you and the Respondent separated:
5. State the date on which you came to the decision that the marriage/civil partnership was at an end.
6. State, as far as you know, the various addresses at which you and the Respondent have respectively lived since the date that you separated, and the periods of residence at each address
7. Since the date that you separated, have you ever lived with the Respondent in the same household (there can be more than one household at the same address)? "
Here's the form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d080d-eng.pdf
The important thing to make sure is that there are two years of separation either from the date that you came to the decision that the marriage was at an end - or the date of your actual separation ie the point at which you no longer shared a household - whichever is the later of these two dates.
With regards ***** ***** 7, if you have any periods within the two years that you reconcile, and start living together as a couple again, if any period is for more than 6 months, you will have to start the two years time period again from after the end of the 6 months together. If the period of recinciliati8on is less than 6 months, the clock stops for that period ie the date of the end of the two years separation is moved forward by the amount of time you were back together.
I hope this helps and I wish you the best of luck.
Thanks and best wishes...
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