Part 2: I’m still living with my former spouse. Am I separated?

Separation can occur without either party leaving the matrimonial home. In such a scenario, to satisfy the requirement of being separated, parties need to show they are no longer living together as husband and wife.

It is for the party who initiates the application for divorce to prove that they have separated from their former husband or wife. The court will require a sworn affidavit giving evidence that parties are in fact separated where they continue to live together in the former matrimonial home. In deciding whether parties meet the minimum period of separation requirement, the court will consider, amongst other factors, whether parties have separated their finances, live in separate rooms or keep their social lives separate. The requirement exists as a means of proving to the court that you are no longer living together as husband and wife, and there is in fact an intention to have an application for divorce finalised.