When a couple is getting divorced or separated, there are a number of things they need to consider or sort out that require time. For that reason, many cannot get out of the house suddenly. In that case, living separately under one roof is a good option.
Also, in many states, couples must live separately for a certain period according to their state law before applying for a divorce. But, can you be separated and live in the same house?
It’s a common question that couples often wonder when it comes to living legally separated. Well, yes, you can be legally separated and reside in the same family house with your spouse. So, if you are also going through this phase, keep on reading this guide.
What Is In-House Separation?
When a marriage breaks down, many couples enter into a separation agreement where they live apart but still reside in the family home with the spouse. This process is known as “in-house separation” or “separated under the one roof.”
According to the Family Law Act 2019, living apart implies-
(a) spouses who live in the same dwelling as one another shall be considered as living apart from one another if the court is satisfied that, while so living in the same dwelling, the spouses do not live together as a couple in an intimate and committed relationship, and
(b) a relationship does not cease to be an intimate relationship merely because it is no longer sexual in nature.”
It is a practical option for so many couples, who can’t stay together as a married couple, again can’t leave the family home due to several reasons. The most common reasons are-
- Financial reasons;
- The well-being of children; or
- Until the property settlement has been decided.
Can You Be Separated And Live In The Same House?
The simple answer for can you be separated and live in the same house is YES, you can. In this process, there will be some terms on which the couple will live separately but in the same family home. It is often called the “Deed of Separation” which is a legally binding written contract.
Both husband and wife should agree to the terms of the separate agreement. And this agreement should be signed by both the husband and wife. So, here are what the deed of separation includes-
- An agreement for living apart
- Arrangements of custody and access to children
- The occupation and ownership of the family/shared home and any other property.
- Spousal maintenance and any lump sum payments
- Indemnity from the debts of the other spouse/civil partner
- Succession rights.
All these may make you confused. Therefore, it is recommended to hire a good Family Law Solicitors Dublin. They can help you in assessing your means, advise you on financial eligibility, and make the entire process easier.
Does In-House Separation Work?
When we are talking about in-house separation, it means that the husband and wife are living in the same premises but physically separated. That means there are possibilities of having arguments, disagreements, and experiencing difficulties. And over time, these difficulties are likely to increase.
Therefore, to make this in-house separation work, you can follow the following things-
- The first thing you need to do is make an arrangement for your new separate bedroom.
- If you don’t want to make any interaction, try to avoid being at home at the same time. If possible, create a new schedule to reduce the amount of time that you have to spend together.
- You may need to sit together and figure out how to divide the bills, how the additional expenses will be paid, etc.
- Have a clear plan about handling the children and parenting matters.
- Make sure to discuss the division of your household work, finances, properties, or any other is related to children.
A legal separation is a court process where you and your spouse will be bound by some rights and obligations of the court. Considering this trial separation as a break from each other is really useful to understand whether you are simply hitting a rough patch in your marriage or not.
Again, you can apply to the court to have your divorce document revoked if you and your ex-partner decide to return together. But in this case, you have to convince the court that you have reconciled as a couple, and you want to resume cohabitation as husband and wife.
So, this is the end of this guide. We hope you get the answer to can you be separated and live in the same house.
For more questions about legal separation, you can contact us or leave your questions here in the comment section below.