Can I apply for a divorce if we have not lived physically apart for the twelve month period?

16/07/2014

In some circumstances, it is possible to apply for a divorce even though you have not lived physically apart from your spouse for a twelve month period.

For example, the family law system is designed to encourage couples to reconcile their differences. If a couple gets back together for one period of up to three months for the purpose of reconciliation, it is possible to use the periods before and after the period of reconciliation to calculate the twelve month separation period.

In some circumstances, it might be possible to apply for a divorce where you and your spouse have lived under one roof for all or part of the twelve month period. In these situations, it is necessary to satisfy the court that you and your spouse lived separate lives despite living in the same home. If you intend to live separate live under the same roof as your spouse, it is a good idea to consult a solicitor for advice on how to structure your relationship and your daily affairs in a manner likely to satisfy a court that you and your spouse lived separate lives.

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