Separated under one roof: yes, you can still get divorced

You can be legally separated while living in the same home — because of money, children, housing or simply timing — and the 12 months still counts. The Court just needs more evidence that the marriage really ended, in the form of a short affidavit from you and one from a person who knows your situation. We prepare both; the work is quoted in writing and agreed before any work starts.
Hallway with two separate coat hooks and jackets

What the Court looks for

There's no checklist that must all be ticked, but the Court usually looks at whether you: sleep separately; stopped sharing meals, chores and finances as a couple; stopped socialising and holidaying together; told family and friends; and why you stayed in the same house. It's about the reality of your lives, not a single fact.

The two affidavits

Yours explains when and how you separated, what changed, and why you're still under one roof. The second is from an independent adult — a friend, relative or neighbour — who has seen the change. It's short and we draft it from a few questions; the witness signs it before an authorised witness (we'll explain how, including remote witnessing where available).

If you have children

The Court will also want to understand the children's arrangements while you've been living together and what will happen going forward. Our questions cover this.

If you've now moved apart

If part of the 12 months was under one roof and part apart, the affidavits cover the under-one-roof period only.

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Frequently asked questions