ANNOUNCER: I’m here with Ken Fraser from the Family Law Department of Cohen Highley Lawyers. Can a couple live in the same house and be considered separated if they are getting divorced?
KEN: In most cases, a couple must be separated for a year before a divorce can be granted. While many couples live separately during this time, some people may choose to live separate and apart in the same home for financial reasons or for the children. The courts will still consider them as separated when addressing their divorce claim, provided that certain criteria are met.
ANNOUNCER: Such as?
KEN: The court must look at the circumstances objectively to determine if the parties are living apart or not. These circumstances can include the parties’ conduct towards each other, the parties’ intentions and how they refer to each other and interact in public.
ANNOUNCER: Anything else?
KEN: It’s best to address these issues sooner rather than later so that there is no confusion as to when the separation actually occurred.
