separated

LegacyUser

hi, my and my other half have been separated for a few years now but still continue to live under the one roof, does this qualify for the separated for 4 years or once we start legal process is it 4 years from then on?

tcif

Yes, I believe it can be done while still living under the same. The court will want to hear evidence proving that there are two clear and separate households living under the same roof. The action of separating must involve an open and complete break from the marital relationship and may include:
>the ceasing of sexual activity
>living in separate rooms
>operating separate bank accounts
>not sharing meals
>not providing household services
>not sharing mutual entertainment inside or outside the home
>not representing to relatives, neighbours or friends that the marriage is continuing

Google it and you'll get more information.

desbrook

tcif wrote: »

Yes, I believe it can be done while still living under the same. The court will want to hear evidence proving that there are two clear and separate households living under the same roof. The action of separating must involve an open and complete break from the marital relationship and may include:
>the ceasing of sexual activity
>living in separate rooms
>operating separate bank accounts
>not sharing meals
>not providing household services
>not sharing mutual entertainment inside or outside the home
>not representing to relatives, neighbours or friends that the marriage is continuing

Google it and you'll get more information.

Plus one to the above . I was a bit dubious about the last point but after studying it a bit more it fits very well with the question of "mental attitude " that the courts ask . ie what were the parties "mental attitude" to the marriage during the period ? is the real question rather than simply were they living/sleeping together ?

It would be ideal if you and your wife could establish an agreed date when you "separated by fact " . Clear evidence of this fact would typically be a fundamental change in the way your bank accounts were structured around the time . Maybe you informed a government department/school/bank about your separation and have similarly dated letters regarding it . It all counts .

As always in these matters the real person to give definitive answers is a solicitor of your choosing . Best of luck with it all and well done for staying under the one roof in such circumstances . That can't be easy .

BillyBean

Im only starting this ... Any kids involved ??? Sadday2013