Hello, has anyone any experience of becoming legally separated whilst still living in the same house as your spouse? What is required as proof that you are living separate lives in order for a solicitor to draw up a declaration of separation?
not sure if its the same thing, but my partner divorced on 2 years separation and he stayed under the same roof for 3 months whilst his ex bought him out his share of the marital home so he could use that equity to buy a new house.
When he applied for divorce on those grounds he had to satisfy the judge that they lived in 'separate households' under the same roof. Sleeping in the spare room wasn't enough, he had to declare they literally shared nothing - no meals, did not cook for each other, did not wash up for each other, share laundry, food shopped separately etc. That one moved out alternate weekends to share custody of kids, and that school collections/taking to clubs etc was all done separately. They had to declare they had not attended a single social event together since the date they split. He also provided details of the schools/family/kids clubs etc they had told on the date of separation to prove that other people were aware of the separation from that date.
The judge had to be satisfied that they shared nothing (not even a family meal) under the same roof or it cannot be classed as separate households. Apparently judges are aware the system is dated as even house mates share meals together without being in a relationship, but thats the law unfortunately!! Luckily it went through fine but it was a long rambling statement of fact he had to attach to get it passed!
Did it for nearly 2 years. On the divorce application I wrote a few sentences about living completely separate lives. Nothing shared or done together. I also started applying for tax credits as a single parent when we split and used that as my official separation date. Told the tax office id split but we were still living under the sane roof and they were fine.