Can divorced couples live together?

Are you separated and unsure about how to go about divorce proceedings whilst still living in the same property? Keep reading to find out more.

Yes, a couple can live together after separation and divorce. It is very common for people to live together after separation, this is called ‘separated under the same roof’.

Being ‘separated under one roof’ simply means that a couple is still living together after separation and/or during divorce proceedings.

A couple may be separated and continue to live in the same property for a number of reasons. The most common reasons we have dealt with include; the parties can’t sell the property at the time, their children go to a local school, or the parties are waiting for a child to finish school before putting them through the stress of parents’ separation and divorce.

It is important to note that if separation under one roof has occurred, the court will require evidence that parties are actually separated. This is relevant to divorce proceedings as parties must be separated for a minimum of 12 months before applying for divorce, given that the parties are not interested in parental or property matters. So simply, yes, parties can live together during and after separation, however there will be extra measures taken in order to finalise the divorce.

If you need assistance with separation or being ‘separated under one roof’ call our office on (07) 2113 4645 to book an initial consultation with one of our solicitors.