Can we divorce while living together?

Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 13 August 2026England & Wales

Yes. Under the current no-fault system in England and Wales there is no requirement to live apart before or during a divorce. Couples sharing a home for financial or practical reasons can apply in exactly the same way.

CalmSplit prepares your divorce application for a one-off £159, whether you are living together, living apart, or applying jointly or alone.

  • No separation period is required under the no-fault law
  • You can use the same address for both parties if needed
  • You can apply jointly or on your own
CalmSplit fee
£159one-off, per person

One-off CalmSplit fee. HMCTS court fees are paid separately to the court.

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No separation period required. Start free and pay when you prepare your application.

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What changed with no-fault divorce

The old system required either a fault-based reason or a period of separation. That was replaced: a statement that the marriage has broken down irretrievably is now sufficient, and the court does not examine your living arrangements.

Practical points if you share a home

  • Court correspondence can go by email, which avoids post being seen by the other person
  • Agree who pays which household bills while the divorce runs
  • Keep the financial settlement discussion separate from the divorce paperwork
  • If you feel unsafe at home, seek support before starting anything

Eligibility to apply

  • Married for at least one year
  • A sufficient connection with England and Wales, usually residence or domicile
  • The marriage has broken down irretrievably
  • A valid marriage recognised in England and Wales

Frequently asked questions

No. The no-fault process does not require any period of separation or any evidence about your living arrangements.

Related CalmSplit pages

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No separation period required. Start free and pay when you prepare your application.

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