Whether for financial reasons or to offer stability to your children, you may find yourself living under the same roof after splitting up while the final divorce is pending.

There is much-outdated advice online about what you should or shouldn’t do in the eyes of the law if your relationship has ended but you remain living in the same family home. Since the introduction of the new divorce legislation in England and Wales on 6 April 2022, known as the “no-fault” divorce law, there are no longer requirements to be separated for a minimum period before issuing a divorce or to prove that you are “under the same roof but living apart”. The only current requirement for divorce is a statement that the marriage has irretrievably broken down. This positive change offers separated couples the freedom and flexibility to decide how they wish to organise their new relationship and lives.

The Divorce, Dissolution and Separation Act 2020 becomes the new divorce law in England and Wales from 6 April 2022. It is the most significant reform in divorce legislation in the last 50 years. In addition to implementing a new divorce process, this new legislation removes the ability to make allegations of blame, hence being called the “no-fault” divorce law. For the first time, it allows couples to end their marriage jointly by submitting a joint application. The possibility of contesting the divorce, other than for legal reasons, has also been removed.

Most divorce experts believe that the new no-fault divorce will lead to more amicable divorces. I agree that it is a step in the right direction. The removal of fault is likely to translate into a less acrimonious start to the process. It can be the pathway to setting the right tone from the very beginning to incentivise a friendly resolution. However, is this enough for couples to achieve an amicable divorce?