21/01/2026
I was in court and a divorce case was ongoing,very interesting however there was this embittered part that one of the spouses said that they not physically living together hence the marriage has ended, and the court said No.
That a husband and wife are not staying in the same house does not represent desertion but means marriage is still legally valid. spouses can live apart due to various reasons .e.g:
Work in different cities
Family disagreements
Temporary separation
The Legal effect is the same:
You are still married
No automatic rights to divorce
No division of property
No custody or maintenance orders unless you go to court.
Now Living apart in divorce proceedings (legal separation) refers to separation that is recognized by law or required by the court as part of divorce.
There are two main situations:
Living apart as evidence for divorce under the Matrimonial Causes Act:
A court may grant divorce if:
You have lived apart for at least 2 years (with consent), or
You have lived apart for at least 3 years (without consent)
This proves the marriage has broken down irretrievably.
Living apart can be in different houses OR in the same house but no longer as husband and wife (no marital relationship).
Until it is proven that the marriage has broken down irretrievably, mere living about does not mean that the marriage is no longer in existence!.
