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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband and I wish to divorce. Our marriage broke down

Resolved Question:

My husband and I wish to divorce. Our marriage broke down and we decided to separate in October 2009 but circumstances prevented us from living in separate dwellings until February 2010. For a two year separation divorce does the date have to be from the date of breakdown decision or from physical separation?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.

 

If you're the separation which resulted in the breakdown of your marriage occurred in October 2009 was such that although you were living in the same property you were effectively living separate lives (eg. No meaningful emotional contact, no social life together, little communication, eating separate meals, not sleeping together etc) then this can be taken to be the date of separation for the purpose of obtaining a divorce under this ground.

 

Provided you have not cohabited for more than 6 months during this time then the cohabitation does not affect your ability to obtain a petition on the basis of your separation. You should therefore be fine. This link confirms the position:-

 

http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/DG_193734

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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