Separation

Separation is one of the grounds for a divorce.

If the separation is consensual and both parties agree to the divorce then you need to prove to the courts that you have been separated for at least 2 years.

However if the separation is not consensual but only one party agrees to the divorce the separation needs to be for at least 5 years

If there have been period(s) of reconciliation, provided that it is not more than 6 months in total then one may still pursue a petition based on separation. However, the period of reconciliation does not count towards the required time (2 or 5 years).  It may also lead the court to want further evidence. 

If both parties remain in the same family home after separation the courts are likely to ask for more detailed information concerning living arrangements. The court will want to know that there are two separate, therefore distinct and independent households albeit under the same roof perhaps due to force of circumstances. A sworn statement may be required detailing sleeping arrangements, household finance and the division of household chores. Do the parties do their own cooking, washing and ironing?  On rare occasions a court attendance to give oral evidence may also be directed. These will both generally require specialist assistance.