Navigating divorce is difficult even in steady economic circumstances however, with financial climates changing, this can lead to unconventional methods such as remaining to live together once divorced.
Banner Jones’ Head of family law, Kelly Parks, says she anticipates that advice relating to remaining living together whilst separated will feature heavily in the advice that people are asking for, for the first time, as many couples are not in a financial position to go their separate ways.
Kelly says that the increase in the cost of cost-of-living – including soaring energy prices and rising mortgage rates – is forcing some couples to consider living together, even if their relationship has broken down.
She says: “We have experienced in recent months more and more people are seeking legal advice about how to protect their assets and finances, and how to manage children matters, if they choose to stay living with their ex after they split.
“In most cases, this isn’t the ideal scenario for anyone involved, but people are finding that they are just not in a position to move from a dual to a single income household. It’s a real cause of concern for many.”
Kelly says that while there is no legal reason why a separated couple can’t continue to live together, it would be sensible for both parties to seek legal advice on how best to protect their finances and formalise arrangements when they remain living together after separation, and beyond.
“The introduction of no-fault divorce in April 2022 means there is no longer any restrictions on living separately for a period of time before your divorce can be finalised,” Kelly explains. “However, it can potentially muddy the waters of a divorce, and may lead to further confusion for non-married couples too.
“My recommendation would be to enter into what is known as a Separation Agreement, also known as a Deed of Separation. This is an agreement between two parties in the form of a legal contract, and it can be used by both couples who are married, and those who are not.
“As part of your Separation Agreement, you will be able to clearly state who will take on which of the financial responsibilities, including the mortgage or rent, any household bills like council tax and heating, as well as any debts.
“Separating couples who were not married may already have a cohabitation agreement in place. If so, they may want to ensure that is updated to reflect their current circumstances.”
Kelly explains that while living together should not hold up the divorce process, it is important that at the point the couple has decided that the relationship ended that agreement is reached on the financial matters by entering into a Separation Agreement, the terms of which can then be reflected in a Financial Order once the separated couple are ready to start divorce proceedings.
She added: “Living together post-divorce isn’t always linked to financial reasoning and can be so children see a stable structure that they ae comfortable with. If ex-partners can amicably live together then this can be a good way of minimising costs as well as co-parenting in a familiar setting for children.”
A Separation Agreement can also incorporate the arrangements for the children such as the time they spend with each parent during term time and school holidays as well as the day-to-day arrangements for the children.
This can include the arrangements whilst the separated couple are still together as well as when one of them moves out. The arrangements for the children can be agreed at any time and is not reliant on divorce proceedings. If there is a dispute about the arrangements, the first port of call should be speaking to a solicitor and a making a referral to mediation.
- Director
- Solicitor
- Head of Family Law