Living apart after separation — what the court needs to see

REVIEWED BY: Sean McNamara on 2026-08-31

"Living apart" and the divorce process

To apply for a divorce or dissolution, you must show that the relationship has broken down and (in most cases) that you've been living apart — though no-fault divorce simplified this considerably.

What 'living apart' means

You are no longer living together as a couple
You and your spouse/civil partner live in separate households
Even if you're in the same building (different rooms, separate lives), you can be 'living apart' if there's no shared home life — but you may need to demonstrate this

No-fault divorce (since April 2022)

Since the Divorce, Dissolution and Separation Act 2020 came into force:

You do not need to prove 'fault' (adultery, unreasonable behaviour)
The only ground is that the relationship has irretrievably broken down
You can apply as a couple (joint application) or individually
You must state that the marriage has broken down and confirm you've thought about the future
There is no need to prove you've been separated for a period before applying — you can apply on the day you decide, provided the marriage has irretrievably broken down

What the court needs

A statement confirming irretrievable breakdown (often with a brief statement where one-sided) — the court will not normally question this
Confirmation that you've had time to consider the impact (a mandatory reflection period)

The timeline

| Step | Timing | |------|--------| | Apply (D8, fee £628) | Day 0 | | Conditional order | After the reflection period (~20 weeks) | | Final order | 6 weeks + 1 day after the conditional order |

Living apart and the financial settlement

Separate from the divorce itself, showing when you started living apart can matter for:

Financial remedy — the court looks at the whole marriage and its financial history
Tax, benefits, and pensions — entitlement often changes on separation
Timing of claims — some clock runs from the date of separation

Keep evidence of the separation date (utility bills moving, bank accounts separating, correspondence) in case it's needed.

Practical steps to document separation

1. Open separate bank accounts and start paying your own bills 2. Avoid joint debt — each manage your own 3. Tell your bank, employer, pension, and benefits accordingly 4. Keep a dated note of when you stopped living together as a couple, with supporting documents

Official links

Divorce: https://www.gov.uk/divorce
Money and property: https://www.gov.uk/money-property-when-relationship-ends

This page is general information, not legal advice. Divorce law and timescales change — verify at gov.uk. YourFamilyCase.co.uk is an independent directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.