I was surprised to recently read that Katie Price, who is currently going through her third divorce, has stated that she is happy for her soon to be ex-husband to remain in the family home and be around their children and to work on her farm.
What is more surprising in this case is that the couple’s separation has not been amicable with Miss Price lodging a petition with the Court on the grounds of her ex partner’s alleged adultery.
It is not unusual for couples to remain living in the matrimonial home post separation. Often the matrimonial home is the main asset. Separating couples may not want to sell the property for the sake of the children and even when a sale does go through it may not allow enough equity for both parties to purchase their own home.
Couples who are seeking to pursue a petition on the grounds of separation after 2 years with consent can still seek a petition on that basis even if they are living together, provided they can demonstrate that their finances have been separated, they share separate bedrooms and they do not provide for one another, such as cooking or cleaning for the other.
The key question raised in this blog is can cohabitation work after Divorce?
The answer is that it depends on the couple and specifically whether they can remain amicable. It’s important that the parties know where they stand and that to protect both parties that any arrangements to remain in the property are clearly set out in any Consent Order made, to avoid any future complications.
In Katie Price’s case there have been no details announced with regards to whether the matrimonial finances have yet been dealt with but it will be crucially important to do so prior to Decree Absolute being obtained if the parties are to remain living together.