DIY Divorce Requirements
Before you can apply for a decree of divorce, certain conditions must be satisfied:
1. Living apart
You and your spouse must have been living separately for at least two years. This requirement can still be met even if you both remain under the same roof, provided you can show the court that you are leading independent lives and essentially maintaining two separate households within the one property.
When deciding, the court may look at factors such as:
No longer having a sexual relationship
Sleeping in different bedrooms
Keeping separate bank accounts
Not sharing meals together
Not carrying out household services for one another
Not taking part in joint leisure or social activities
Not presenting yourselves publicly as a continuing couple
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2. No chance of reconciliation
The court must be satisfied that there is no reasonable prospect of you and your spouse resuming married life together. -
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3. Proper provision for everyone
Adequate arrangements must be in place to ensure that both spouses — and any dependent children — are properly provided for.
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Living Apart Under the Same Roof
In today’s financial climate, many separated couples remain in the same home out of necessity. While this can make the situation more complex, it does not prevent you from obtaining a divorce.
The court may accept that spouses are “living apart” even if they continue to share the same address, provided there is clear evidence that they have separated and are effectively running two independent households within the one property.
Separation must represent a clear and definite break from married life. When deciding, the court will consider factors such as:
Whether intimacy has ceased
Sleeping in different bedrooms
Maintaining separate finances and bank accounts
Not sharing meals
Not performing household tasks for each other
Avoiding shared social or recreational activities
No longer presenting to family, friends, or the public as a married couple
- If a couple claims to be separated while still sharing the same home, the court will usually require evidence to support this. Proving separation under one roof can be challenging, and ultimately it is up to the Judge to decide whether the legal requirement has been met.
