Trial Seperation

tinyprincess

Once a trial seperation has been decided can both parties continue to live under the one roof. I guess I already know the answer to this. Kids are involved and it's not fair on either party to have to leave our home. There isn't any arguements or tension per say so guess I'm asking if this worked for anyone.

hondasam

If you and your partner are friendly then there is no reason why it cannot work. There are lots of couples doing this at the moment for financial reasons.
It will be good for the kids to have both of ye around but only if it's a happy home, they will pick up on any hostility between ye.
Give it a try and see how it works, hopefully it can give ye the breather ye need to decide what it is ye want.
good luck.

Abi

From the citizens advice website:

Deed of Separation

The actual document drawn up and signed by both parties, when they reach agreement, is often called a Deed of Separation and is a legally binding written contract. The main issues dealt with in a separation agreement are as follows:

An agreement to live apart
Agreed arrangements in relation to custody and access to children
The occupation and ownership of the family/shared home and any other property
Maintenance and any lump sum payments
Indemnity from the debts of the other spouse/civil partner
Taxation
Succession rights .

It can be made into a rule of court by application to the court. This ensures that all the terms agreed upon can be legally enforced where covered by appropriate legislation. Information on making a separation agreement a rule of court is available on the Courts Service website.

I get the impression that you have to be living apart to obtain one, but I don't think its something thats checked up on. I know that you have to be living apart 4 out of 5 years after the split to obtain a divorce. Again, I don't think that it's something thats scrutinized.

I may be shot down for saying this, but I think I'd put one of you down as living with one of your parents.

Sorry to hear about the split OP, its tough when there are kids involved. You're very fortunate however in the sense that you aren't bickering over this, as it does have a knock on effect on kids.

I wish you the best of luck.

DeLuxy

It is possible to 'live apart' while living under the one roof.

This is unfortunately very common these days with financial hardship, negative equity, etc. In order to establish the 'living apart' part, it is a matter of having evidence that the two parties are no longer a couple i.e. separate bedrooms, separate bills for utilities, set arrangements re household chores/childcare, etc.

Some couples who are living apart while under the one roof get legal agreements drawn up to reflect who is responsible for what re bills, childcare, mortgage payments, etc and these agreements may also detail the real nitty-gritty of everyday life such as when one of parties can use the kitchen, what arrangements are to apply re socialising, etc.

If at all possible, explore the options offered by attending family mediation. Family mediation services may be accessed through your local Legal Aid Board if funds are tight.

Wishing you well.

tinyprincess

Hi, thanks for replies. I guess it could work, I'm thinking the only issue is that it becomes the norm for us and neither of us move on.
Thanks again.