How to Separate From Your Husband or Wife In The Same House
It is increasingly common for married couples and civil partners to remain living in the same property after separation. Financial pressures, mortgage affordability, rental shortages, and the desire to maintain stability for children often make it impractical for one party to move out immediately.
From a legal standpoint, however, sharing a home does not prevent separation, divorce, or the resolution of financial matters.
Since the introduction of no-fault divorce in England and Wales, the law now focuses on the irretrievable breakdown of the marriage, rather than living arrangements, fault, or periods of separation. This has removed much of the uncertainty for couples who are married but living separate lives in the same house.
Can You Be Married but Separated While Living Together?
Yes, separation under UK divorce law is defined by intention, not geography. A married couple can be considered separated even if they continue to live in the same property.
Indicators of separation commonly include:
- Living in separate bedrooms
- No longer presenting as a couple socially
- Separate finances or reduced financial interdependence
- Independent domestic arrangements (meals, laundry, routines)
Under the previous divorce law, couples living together were required to prove they led “separate lives under the same roof.” This is no longer required under a no-fault divorce in England and Wales.
Can I File for Divorce While Living in the Same House?
Yes. Under the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, you can apply for divorce even if you and your spouse continue to live together.
Key legal points to consider:
- You do not need to prove separation
- You do not need your spouse’s consent to apply
- You do not need to assign blame
- The only legal ground is irretrievable breakdown
Living in the same house does not delay or prevent:
- Filing a divorce application
- Progressing through the 20-week reflection period
- Applying for a Conditional Order
- Finalising the divorce with a Final Order
Divorce-Online has assisted thousands of clients who remain living together throughout the divorce process, ensuring applications are completed correctly and without unnecessary delay.
Trial Separation While Living in the Same House
A trial separation is often used where couples are uncertain whether reconciliation is possible or need time to consider financial and parenting arrangements. While informal, trial separation carries legal and financial risks if expectations are not clearly recorded.
During a trial separation, couples should address:
- How household bills and mortgage payments will be met
- Whether one party is financially supporting the other
- Interim arrangements for children
- Whether new relationships are permitted
Without clarity before divorce, disputes can arise later about contributions, intentions, and entitlement.
Why Separation Agreements Matter For Separated Couples
A separation agreement is a written document setting out how finances, property, and responsibilities are to be managed during separation and in anticipation of divorce.
It commonly covers:
- Who remains in the family home
- How mortgage and outgoings are paid
- Division of savings and debts
- Spousal maintenance
- Child maintenance and care arrangements
Although separation agreements are not automatically legally binding in England and Wales, a properly drafted separation agreement:
- Is persuasive evidence of intention
- Is usually upheld by the court if freely entered into
- Provides stability during the 20-week divorce reflection period
Many couples use a separation agreement as a precursor to a financial consent order.
Practical Checklist For Divorce While Living Together
- Confirm the relationship has irretrievably broken down
- Decide whether to apply jointly or solely for divorce
- Begin the no-fault divorce application
- Use the 20-week reflection period to resolve finances
- Record agreements in a separation agreement
- Apply for a financial consent order at conditional order stage
- Obtain the final order to legally end the marriage
How Divorce-Online Can Help You Move Forward
If you are married but living separate lives in the same house, Divorce-Online can help you move forward with clarity, legal certainty, and confidence.
Divorce-Online offers:
- Fixed-fee no-fault divorce applications
- Solicitor-drafted separation agreements
- Solicitor-drafted financial consent orders
- Clear guidance for couples living together while separating
Online Divorce Service – Used by 200,000 Couples
This service is the simplest way to get divorced using the no-fault system when separated but still living together. Our team of divorce experts handles all aspects of your divorce and keeps you updated on the progress every step of the way.
