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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Divorce - I and my husband is considering a uncontested divorce,

Resolved Question:

Divorce - I and my husband is considering a uncontested divorce, i.e. both of us agree. I understand that we need to be seperated for 2 years. But currenty we just have a single house, none of us can live elsewhere. Can we say that we have been living in different rooms of a single property for 2 years - effectively we have been seperated for 2 years to get a divorce?
Submitted: 7 years ago.
Category: UK Family Law
Expert:  Thomas replied 7 years ago.


Thanks for your question.


You can say that if it's true, you can't if it's not (to state the obvious).


You can live under the same roof but still be 'separated' for the purpose of getting a divorce citing 2 years separation with consent. In order to do so the common home and common life must have ceased. Separate rooms is an example of this if you do not eat or cook together then this is a further example, not having a a domestic life is also, as is not spending social time together. If you meet these examples then it's likely the Court will accept that you are separated even though you are still under the same rood.


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